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ALABAMA 


JOURNAL  OF  CONVENTION 
I8I9 


FAC-SIMILE  REPRINT 


WASHINGTON,  D.  C.  I 

STATUTE  LAW  BOOK  CO, 
1909 


JOURNAL 

OF  THE 

©  <d  n  v  m  si  t  a  @>  if 

OP  THE 

ALABAMA 

BEGTJX 

HUNTS  VILLE: 
PRHTTED  BY  J  OHM  3  QARDMJUY. 
1819. 


Photo-facsimile  Reprint 
57  copies  only 
Statute  Law  Book  Company 
July,  1909 


%JF  the  C  onvention  of  the  Alabama  Territory,  begun  and 
held  at  the  town  of  Huntsville  cn  the  fifth  clay  of  July,  in  the 
year  of  our- Lord  one  thousand  right  hundred  and  nineteen,  and 
of  the  Independence  of  the  United  States  of  America  the  forty 
fourth,  being  the  time  and  place  appointed  for  the  meeting  of 
the  Convention  for  the  purpose  of  forming  a  Constitution  and 
State  Government ;  By  virtue  of  an  act  of  Congress  "  Enti- 
tled an  act  to  enable  the  people  of  the  Alabama  Territory,  to 
form  a  Constitution  and  State  Government,  and  for  the  ad* 
mission  of  such  State  into  the  Union,  on  an  equal  footing  with 
the  original  States,"  passed  on  the  second  day  of  March,  one 
thousand  eight  hundred  and  nineteen. 

The  following  members  appeared  and  took  their  seats,  to  wit: 

From  the  county  of  Madison — Clement  C.'Clay,  John  Leigh 
To-vnes,  Henry  Chambers*  Ismuti  Mead*  Henry  Sfmar9  Gabri- 
el Moore,  John  W  Walker,  and  John  M.  Taylor. 

From  the  county  of  Monroe — John  Murphy,  John  Watkins* 
and  James  Pickens. 

From  the  county  of  Blount — Isaac  Brown,  John  Brown^ 
and  Gabriel  Hanby. 

From  the  county  of  Limestone — Thomas  Bibb,  Beverly 
Hughes  and  Nicholas  P., Davis 

From  the  county  of  Shelby — George  Phillips  and  Thomas  J. 
Rogers. 

From  the  county  of  Montgomery— John  D.  Biob,  end  James 

W.  Armstrong. 

From  the  county  of  Washington — Israel  Pickens  and  Henry 
Hitchcock. 

From  the  county  of  Tuscaloosa — Marmodukt  Williams  and 
John  L,  TindaL 

From  the  county  of  Lawrence — Arthur  F,  Hopkins  and  Dan- 
iel Wright. 

From  the  county  of  Franklin— Richard  EUis  and  ffUliam 
Melcalf. 

From  the  county  of  Cotaco — Melkijah  Vaughan  and  Thomas 


D.  CraM. 


4 


From  the  county  of  Clark— Reuben  SaffoldSf  Jas.M*Go$m* 
From  the  county  of  Cahaba-— Lzfftepage  Sims. 
From  tne  County  of  Conecuh*— Samuel  Cook. 
From  the  county  of  Dallas-  ~  William  R  King. 
From  the  county  of  Marengo — Washington  Thompson* 
From  the  county  of  Marion — John  D.  Terril. 
From  the  county  of  Lauderdale — Hugh  JVTVay. 
From  the  county  of  St.  Clair — David  Conner. 
From  the  county  of  Autauga— James  Jackson. 
A  sufficient  number  being  present  to  proceed  to  business ; 
On  motionof  Mr.  Taylor,  Mr.  Pickens  (of  Washington)  was 
called  to  the  chair. 

On  motion  of  Mr.  Taylor  Resolved*  that  this  Convention  do 
now  proceed  to  elect  a  President 

On  motion  of  Mr  Clay  Resolved*  that  tellers  be  appointed 
for  the  purpose  of  counting  the  ballots  t  Whereupon  Mr.  Clay 
and  Mr  Phillips  were  appointed?  and  upon  counting  the  ballots 
it  appeared  that  Mr  John  W,  Walker  was  unanimously  elect- 
ed, who  being  conducted  to  the  chair,,  returned  his  acknowl- 
edgements, and  proceeded  to  t  he  duties  thereof 

On.  motion  of  Mr.  Clay  Resolved,  that  the  Convention  do  now 
proceed  to  the  election  of  a  Secretary  :  Mr.  Taylor  and  Mr. 
M'Vav  were  appointed  tellers ;  and  upon  counting  the  ballots 
it  appeared  that  Mr  John  Campbell  was  duly  elected,  where- 
upon he  was  notified  of  his  appointment,  and  entered  upon  the, 
dutte$  of  his  office. 

On  motion  of  Mr  Pickens  (of  Washington)  Resolved,  that 
the  Convention  do  now  proceed  to  the  election  of  a  Doorkeep- 
er, and  oti  counting  the  ballots  it  appeared  that  Daniel  Rather 
Was  duly  elected,  who  entered  upon  the  duties  of  his  office. 

On  motion  of  Mr.  Pickens  (of  Washington)  Resolved,  that 
ft  committee  of  five  members  be  appointed  to  draft  Rules  of 
order  and  decorum  for  the  Government  of  this  Convention  \ 
whereupon  Messrs.  Pickens  (of  Washington,)  Minor,  Hanhy, 
Rogers  and  Moore,  were  appointed. 

On  motion  of  Mr.  Hitchcock — Resolved,  That  a  Commit- 
tee of  Elections  be  appointed  to  consist  of  five  members ;  where- 
upon Messrs.  Hitchcock,  M'Goffln,  Towncs,  Ellis  and  Wil- 
liams were  appointed. 

On  motion  of  Mr  Hitchcock— Resolved*  That  the  rules  for 
the  government  of  the  House  of  Representatives  of  the  Alaba- 
ma Territory  be  adopted  as  the  rules  for  the  government  of 
this  Convention,  so  far  as  they  are  applicable,  until  otherwise 
ordered  by  the  Convention. 


5 


On  motion,  ordered  that  the  Convention  do  now  adjourn  till 
10  o'clock  tomorrow  morning. 


The  Convention  met  pursuant  to  adjournment. 

Mr  Wiggins,  a  member  from  the  county  of  Monroe,  appear- 
ed and  took,  his  scat 

On  motion— Resolved*  That  the  Governor  of  this  Territory 
be  admitted  to  take  a  seat  within  the  bar  of  this  House. 

On  mot\on-*-Resolved9  that  the  President  assign  to  Mr. 
Boardrnan  a  seat  within  the  bar  of  this  House,  for  the  purpose 
of  taking  down  the  proceedings  thereof. 

On  motion  of  Mr  Mead — Resolved*  That  a  Committee  of 
Accounts  he  appointed,  whereupon  the  following  members  were 
appointed  Messrs.  Mead,  Davis,  Crabb,,  Wright  and  M'Vay. 

On  motion*  ordered  that  the  Secretary  of  the  Convention* 
under  the  direction  of  the  President  thereof,  be  and  he  is  here- 
by authorised  to  contract  for  the  Printing  ordered  by  the  Con- 
vention to  be  done  during  its  session. 

Mr.  Williams  offered  the  following  resolution — Resolved* 
That  it  be  expedient  for  the  Convention  at  this  time  to  form  a 
Constitution  and  State  Government  for  the  people  of  the  Ala- 
bama Territory. 

To  which  Mr.  Clay  offered  the  following  addition  as  an  a- 
mendment,  «  in  conformity  with  an  Act  of  Congress  of  the  U- 
nited  States,  passed  on  the  second  day  of  March,  one  thousand 
eight  hundred  and  nineteen,  entitled  fi*  An  act  to  enable  the 
people  of  the  Alabama  Territory  to  form  a  Constitution  and 
State  Government,  and  for  the  admission  of  such  State  into 
the  Union,  on  an  equal  footing  with  the  original  states,"  and 
The  question  being  taken  thereon,  it  passed  in  the  affinmu 
tive. 

The  question  was  then  taken  upon  the  resolution  as  amend- 
ed, and  decided  in  the  affirmative. 

The  ayes  and  noes  being  demanded  by  two  members  pre- 
sent: Those  who  voted  in  the  affirmative  were,  Mr.  President 
Messrs.  Armstrong,  Bibb  (of  Limestone)  Bibb,  (of  Montgom- 
ery") Brown,  Chambers,  Clay,  Connor,  Cook,  Crabb,  Davis, 
Ellis,  Hanhy,  Hitchcock,  Hopkins,  Hughes.  Jackson,  King, 
M'Goffin.  M'Vay,  Meatf,Metcalf,  Minor,  Moore,  Murphy, 
Phillips,  Pickens,  (of  Monroe)  Pickens,  of  Washington)  Ro- 
gers, Saflfoid,  Sims,  Taylor,  Terril,  •  Thompson,  Tindal, 
Townes,  Vaughan,  Watkins,  Wiggins,  Williams  and  Wright 

No  one  voting  in  the  negative,  the  said  resolution  was  u- 
nanimously  adopted. 


TUESDAY*  6th  Jtd$,  1819, 


LAW  LIBRARY 


6 


On  motion  of  Mr.  Clay, — Resolved*  That  a  Committee  of 
— —  members  be  appointed  to  prepare  and  report  to  this  Con- 
vention a  plan  of  a  Constitution  or  form  of  Government  for 
the  State  to  be  formed  of  the  Alabama  Territory. 

And  on  motion — Resolved,  That  the  Convention  do  now 
proceed  to  the  consideration  of  said  Resolution. 

And  unon  the  question  being  taken  thereon  it  was  determined 
in  the  affirmative. 

And  the  question  being  put,  will  the  Convention  agree  to  the 
said  resolution,  it  was  decided  in  the  affirmative. 

Mr.  M*Vay  moved  that  the  blank  in  the  said  Resolution,  be 
filled  with  the  number  twenty-two :  which  motion  war,  deci- 
ded in  the  negative. 

Mr  Moore  moved  that  the  blank  he  filled  with  the  number 
twenty :  which  motion  was  also  decided  in  the  negative. 

Mr.  Clay  moved  that  the  blauk  he  filled  with  the  number 
fifteen,  which  motion  was  decided  in  the  affirmative. 

Whereupon  the  following  members  were  appointed  in  pur- 
suance of  the  said  resolution,  to  wit :  Messrs.  Clay,  Pickens 
(of  Washington)  Bibb,  (of  Limestone)  King,  Taylor,  Hitch- 
cock, Murphy,  Chambers,  Hopkins,  SafFold,  Phillips,  Wat* 
kins,  Hughes*  Bibb  (of  Montgomery)  and  Ellis. 

On  motion  ordered  that  the  Convention  do  now  adjourn  till 
ten  o'clock  .to  morrow  morning. 

WEDNESDAY,  7th  July  1819* 
The  Convention  met  pursuant  to  adjournment.    Mr.  Toul- 
min  the  member  from  the  county  of  Baldwin,  appeared  and 
took  his  seat 

Mr.  Pickens  from  the  committee  appointed  to  draft  Rules  of 
order  and  decorum  for  the  Government  of  this  Convention, 
made  a  report  which  was  received. 

On  motion  of  Mr.  Clay  the  Convention  resolved  itself  into 
a  committee  of  the  whole  on  the  said  report,  Mr.  Murphy  in 
the  chair,and  after  some  time  spent  therein,  Mr  President  re- 
sumed the  chair  and  Mr.  Murphy  reported  that  the  committee 
had  according  to  order  had  the  said  report  under  consideration 
and  had  made  several  amendments  therein  with  which  they 
desired  the  concurrence  of  the  Convention. 

And  the  questions  being  taken  thereon,  they  were  determin- 
ed in,  the  affirmative. 

The  question  was  then  taken  on  the  adoption  of  said  report 
as  amended,  and  passed  in  the  aQirmaiive. 


7 


Standing  "Rules  ot  Ox&eT  ani  OecoTum  fox 
conducting  business  in  the  Convention. 

TOUCHING  THE  DUTIES  OF  PRESIDENT. 

h  The  President  shall  take  the  chair  every  day,  at  the  hour 
to  which  the  Convention  shall  have  adjourned,  on  the  preceding 
day;  shail  immediately  call  the  members  to  order,  and  on  the 
appearance  of  a  quorum,  shall  cause  the  journal  of  the  pre- 
ceding day  to  he  read. 

2.  He  shall  preserve  order  and  decorum ;  may  speak  to 
points  of  ol  der-  in  preference  to  other  members,  rising  from 
his  seat  for  that  purpose,  and  shall  decide  questions  of  order 
subject  to  an  appeal  to  the  Convention  by  any  two  members, 
on  which  appeal  no  member  shall  speak  more  than  once  unless 
by  leave  of  the  Convention,  He  shall  rise  to  put  a  question, 
but  may  state  it  sitting. 

S.  Questions  shall  be  distinctly  put  in  this  form,  viz :  As  ma- 
ny as  are  of  opinion  that  Tas  the  question  may  be]  say,  aye ;  and 
after  the  affirmative  voice  is  expressed,  As  many  as  are  of  the 
contrary  opinion  say9  no.  If  the  President  doubts,  or  a  division 
be  called  for,  the  Convention  shall  divide  ;  those  of  the  affir- 
mative of  the  question  shall  first  rise  from  their  seats,  and  af- 
terwards those  of  the  negative. 

4.  The  President  shall  have  a  general  direction  of  the  Con- 
vention. He  shall  have  a  right  to  name  any  member  to  per- 
form the  duties  of  the  chair,  but  such  substitution  shall  not  ex- 
tend beyond  an  adjournment 

5.  Twelve  members  shall  have  power  to  call  a  house  aud  send 
for  absent  members.  A  majority  shali  be  a  quorum  to  transact 
business,  and  five  members,  after  the  hour  of  twelve,  may  ad- 
journ from  day  to  day. 

6.  When  a  member  is  about  to  speak,  debate,  or  deliver  any 
matter  to  the  Convention,  he  shall  rise  from  his  scat  and  res- 
pectfully address  himself  to  Mr.  President 

7.  If  any  member,  in  speaking  or  otherwise,  transgress  the 
rules*  the  President  shali,  or  any  member  may  call  to  order,  in 
which  case  the  member  so  called  to  order,  shali  immediately 
sit  down,  unless  permitted  to  explain  ;  and  the  Convention 
shall,  if  applied  to,  decide  on  the  case,  but  without  debate.  If 
the  decision  be  in  favor  of  the  member  so  called  to  order,  he 
shail  be  at  liberty  to  proceed  ;  if  otherwise,  and  the  case  require 
it,  he  shall  be  liable  to  the  censure  of  the  Convention. 

8.  When  two  or  more  happen  to  rise  at  the  same  tiiae,  the 
President  shall  name  the  person  who  is  first  to  speak. 


s 


9.  No  member  shall  speak  more  than  twice  to  the  same  ques* 
tion  without  leave  of  the  Convention  ;  nor  more  than  once,  un« 
til  every  member  choosing  to  speak  shall  ha\e  spoken 

10.  Whilst  the  President  is  putting  a  question,  or  addressing 
the  Convention,  none  shall  walk  across  the  room,  nor,  when  a 
member  is  speaking,  enter  on  private  discourse  ;  or  pass  be- 
tween him  and  the  chair. 

1 L  Upon  calls  of  the  Convention  for  taking  the  yeas  and 
nays  on  any  question,  the  names  of  the  members  shall  be  called 
alphabetically,  and  each  member  shall  answer  from  his  seat. 

12.  Any  two  members  shall  have  a  right  to  call  lor  the  yeas 
and  nays  of  any  question. 

13.  When  amotion  is  made  and  seconded,  it  shall  be  stated 
hy  the  President,  or  if  in  writing  shall  be  read  aloud  by  the 
Secretary,  and  every  motion  shall  be  reduced  to  writing,  if  the 
President  or  any  member  request  it. 

14.  Any  member  may  call  for  a  division  of  the  question 
when  the  sense  will  admit  of  it 

15.  Each  member  shall  particularly  forbear  personal  reflec- 
tions, nor  shall  any  member  name  another  in  argument  or  de- 
bate. 

16.  After  a  motion  is  stated  hy  the  President,  or  read  by 
the  Secretary,  it  shall  be  deemed  in  possession  of  the  Con- 
vention, but  may  be  withdrawn  at  any  time  before  the  decision 
or  amendment 

17V  When  a  question  is  under  debate  no  motion  shall  be  re- 
ceived but  to  adjourn,  to  postpone  to  a  day  certain,  to  lie  on  the 
table,  for  the  previous  question, to  postpone  indefinitely,  to  com- 
mit or  amend,  which  several  motions  shall  have  precedence  in 
the  order  they  stand  arranged. 

18.  A  motion  to  adjourn  shall  always  be  in  order  and  shall 
be  decided  without  debate. 

19.  Tiie  previous  question  shall  he  in  this  form,  shall  the 
main  question  be  now  put  It  shall  only  be  admitted  when  de- 
manded by  a  majority  of  the  members  present,  and  until  it  is 
decided  shall  preclude  all  amendments  and  further  debate  of  the 
•main  question—On  a  previous  question  their  shall  be  no  debate* 

20  in  taking  the  sense  of  the  Convention  a  majority  of  the 
votes  of  the  members  present  shall  govern. 

9A.  No  resolution,section  or  article  in  the  Constitution  shall 
be  finally  concluded  and  agreed  upon  until*  the  same  shall  have 
been  read  on  three  several  days,  unless  a  majority  of  two 
thirds  may  think  it  necessary  to  dispense  with  this  rule*  which 
vate  shall  fee  decided  without  debate. 


9 


22,  When  any  question  shall  have  been  decided,  it  sliall  not 
be  reconsidered  bat  on  motion  of  a  member  who  voted  in  the 
majority,  provided  that  if  such  motion  be  made  after  two  days 
from  such  decision,  a  majority  of  the  whole  Convention  shall 
be  necessary  to  a  reconsideration. 

£3*  The  Convention  shall  resolve  itself  into  a  committee  of 
the  whole  when  deemed  necessary,  and  when  in  committee  of 
the  whole*  shall  be. governed  by  the  foregoing  rules,  except  that 
in  committee  of  the  whole  any  member  may  speak,  as  often  as 
he  may  think  proper. 

24.  The  President  may  appoint  committees*  unless  other- 
wise directed  by  the  convention. 

25.  On  all  questions  when  the  yeas  and  nay3  are  demanded 
the  President  shall  vote. 

26.  No  member  shall  absent  himself  from  the  service  of  the 
Convention  unless  he  have  leave*  be  sick  or  unable  to  attend 

27.  Upon  a  call  of  the  Convention,  the  names  of  the  members 
shall  be  called  over  by  the  Secretary,  and  the  absentees  with 
out  leave,  noted ;  one  hour  after  which,  the  names  of  the  absen- 
tees shall  again  be  called  over,  and  those  for  whom  no  excuse, 
or  an  insufficient  excuse  is  made,  may,  by  order  of  those  pr&* 
sent  if  twelve  in  number,  be  taken  into  custody  as  they  appear 
or  may  be  sent  for  and  taken  into  custody  where  to  be  found. 

COMMITTEES— THEIR  BUTT. 

28.  It  shall  he  the  duty  of  the  committee  of  elections  to  exa- 
mine and  report  upon  the  certificates  of  elections  and  other 
credentials  of  members  returned  to  serve  in  this  Convention, 
and  to  take  into  their  consideration  ail  such  petitions  and  other* 
matters,  touching  elections  and  returns*  as  shall  or  may  be  pre- 
sented, or  come  in  question  and  be  referred  to  them  by  the 
Convention. 

29.  No  committee  snail  sit  during  the  sitting  of  the  Conven- 
tion without  special  leave. 

50.  The  Secretary  of  the  Convention  shall  take  an  oath,  to 
be  administered  by  the  President,  for  the  due  and  faithful  dis- 
charge of  the  duties  of  his  office  to  the  best  of  his  knowledge  & 
abilities.  It  shall  be  his  duty  to  keep  and  preserve  all  records 
and  papers  introduced  and  submitted  to  the  consideration  of 
the  Convention ;  to  furnish  such  papers  as  may  be  committed, 
with  the  names  of  the  members  that  compose  such  committee, 
to  the  chairman  thereof;  and  in  all  things  to  perform  his  duty 
as  Secretary  of  this  Convention,  under  the  direction  of  the 
President. 

51.  All  questions  relating  to  the  priority  of  business  to  be 
acted  on  shall  be  decided  without  debate. 


10 


On  motion  ordered  that  one  hundred  copies  of  the  foregoing 
rules  be  printed  for  the  use  of  the  members'  of  this  Convention. 

Mr.  Toultnin  offered  the  following  resolution  Resolved*  that 
a  committee  be  appointed  to  take  into  consideration  and  re- 
port to  this  Convention,  their  opinion  on  the  propositions  of* 
fered  by  the  Congress  of  the  United  States  for  their  free  ac- 
ceptance or  rejection  of  this  Convention  in  the  sixth  section  of 
the  Act  entitled  "  an  act  to  enable  the  people  of  the  Alabama 
Territory  to  form  a  Constitution  and  State  Government,  and 
for  the  admission  of  such  State  into  the  Union  on  an  equal  foot- 
ing with  the  original  States." 

And  on  motion  ordered  that  said  resolution  lie  upon  the  ta- 
ble. 

Mr.  Townes  offered  the  following  resolution;  Resolved,  that 
the  Secretary  of  this  Convention  be  and  he  is  hereby  authori- 
zed to  employ  one  or  two  assistants  or  clerks,  to  aid  him  ifi 
the  duties  of  his  office;  whoso  duties  shall  commence  from  and 
after  the  instant 

And  on  motion  ordered  that  the  said  resolution  lie  upon  the 
table. 

On  motion  of  Mr.  Bibb  (of  Montgomery)  Resolved*  that  the 
Door  keeper  be  directed  to  employ  in  the  service  of  this  Con* 
ven  lion  a  suitable  person  to  aid  him  in  the  discharge  of  his  du- 
ties. 

And  on  the  question  being  put,  will  the  Convention  now 
consider  the  said  Resolution,  it  was  determined  in  the  affir- 
mative. 

And  on  the  question  being  put,  will  the  Convention  agree 
to  the  said  resolution.    It  was  passed  in  the  aiHrmative. 

Mr.  Taylor,  offered  the  following  resolution ;  Recolved,  that 
the  Secretary  be  authorized,  under  the  direction  of  the  Presi- 
dent to  purchase  such  Stationary,  as  may  be  necessary  for  the 
use  of  the  Convention  during  the  session. 

And  upon  the  question  being  put,  will  the  Convention  ■con- 
sider the  said  resolution.   It  was  determined  in  the  affirmative. 

Arid  on  the  question,  will  the  Convention  agree  to  the  said 
resolution.   It  was  passed  in  the  affirmative. 

On  motion  ordered  that  the  Convention  do  now  adjourn 
till  10  o'clock  tomorrow  morning. 

THUUaDJk  f  My  8,  181.0. 

The  Convention  met  pursuant  to  adjournment 

Mr.  Moore  offered  the  following  resolution;  Resolved,  that 
Mr.  John  Campbe!l,Secrctary  to  this  Convention* be  nbw qua- 
lified, in  conformity  with  the  rules  of  order  and  decorum 
which  have  been  adopted  for  the  Government  of  this  body. 


11 


And  07i  the  question  being  taken  thereon,  it  passed  in  tm 
affirmative,. 

When  the  oath  was  administered  by  the  President  in  con- 
formity with  the  rules  aforesaid. 

On  motion  of  Mr.  Clay  the  resolution  offered  by  Mr.  Townes 
on  yesterday,  and  ordered  to  lie  upon  the  table :  authorizing 
theSecrctary  to  employ  an  assistant  &c.  was  called  up  and  af- 
ter making  some  amendments  thereto  was  adopted  as  follows: 
Sesalved,  that  the  Secretary  of  this  convention  be  and  he  is 
hereby  authorized  to  employ  au  assistant  clerk  to  aid  him 
in  the  duties  of  his  office,  whose  duties  shall  commence  from 
and  alter  the  8th  instant 

On  motion  of  Mr.  Clay,  the  Resolution  offe  red  by  Mr.  'Foul- 
min  on  yesterday,  relative  to  the  propositions  contained  in 
the  6th  section  of  the  act  for  the  admission  of  tins  Territory  • 
into  the  Union  was  called  up. 

And  on  motion  the  Convention  Resolved  itself  into  a  com- 
mitlee  of  the  whole,  on  said  resolution  :  Mr  Pickens  of  (Wash- 
ington)^ the  chair,  and  after  sometime  spent  therein  Mr.  Pre- 
sident resumed  the  chair  and  Mr.  Pickens  reported  that  the 
committee  had  according  to  order,had  the  said  Resolution  un- 
der consideration,  and  had  amended  the  same  by  striking  out 
the  whole  of  said  resolution  after  the  word  Resolved*  and  in- 
serting in  lieu  thereof,  the  following  «  That  this  Convention 
in  behalf  of  the  people  of  the  Alabama  Territory  do  accept  of 
the  propositions  contained  in  the  6th  section  of  the  act,  for  the 
admission  of  the  said  Territory  into  the  Union,  and  on  the 
conditions  expressed  therein :  and  that  a  committee  of 
members  be  appointed  to  draft  an  ordinance  conformably  to  the 
provisions  of  said  section. 

With  which  amendment  they  asked  the  concurrence  of  the 
Convention. 

And  the  question  being  taken  thereon.  It  passed  in  the  af- 
firmative. 

The  question  was  then  taken  on  the  adoption  of  said  resolu- 
tion as  amended.  It  passed  in  the  affirmative. 

Mr.  Moore  moved  that  the  Blank  in  the  said  resolution  oe 
filled  with  the  word  "five." 

And  the  question  being  taken  thereon,  it  passed  in  the  affir- 
mative. 

Whereupon  the  following  members  were  appointed,  in  pur- 
suance of  said  resolution,  Messrs.  Toul  min,  Townes,  M'Goffin, 
Rogers  and  Williams. 

On  motion  ordered  that  tins  Convention  do  now  adioura  till 
10  o'clock  on  Monday  next 


12 


M ON  DAT,  July  12, 18i& 
The  Convention  met  pursuant  to  adjournment. 
On  motion*  ordered  that  this  Convention  do  now  adjourn  till 
10  o'clock  to-morrow  morning. 

TUESDAY,  July  13,  1819. 

The  Convention  met  pursuant  to  adjournment 

Mr»  Hitchcock  from  the  committee  of  elections  made  the 
following  report,  which  was  received. 

The  committee  of  elections  to  whom  was  refered  the  certifi- 
cates and  credentials  of  the  members  returned  to  serve  in  this 
Convention,  report  the  following  members  duly  elected. 

From  the  county  of  Madison — Clement  C.  Clay,  John  Leigh 
Townes,  Henry  Chambers,  Lemuel  Mead*  John  W.  Walker*  Ga- 
briel Moore,  Henry  Minor  and  John  M.  Taylor. 

From  the  county  of  Blount — John  Brown,  Isaac  Brolvn,  and 
Gabriel  Hanby. 

From  the  county  of  Limestone — XAos.  Bibb9  Beverly  Hughes, 
and  Nicholas  Davis. 

From  tiie  county  of  Shelby — George  Phillips  and  Tfimas  JH. 
Mogers. 

From  the  county  of  Montgomery «~~John  D.  Bibb  and  James 
W.  Armstrong. 

From  the  county  of  Washington— Israel  Pickens  and  Henry 
Hitchcock. 

From  th$  county  of  Tuskaloosa — Marmadukz  Williams  ana 
John  h.  Tiwdal 

From  the  county  of  Monroe — John  Watkins,  John  Murphy? 
James  Pickens,  and  Thomas  Wiggins. 

From  the  county  of  Lawrence — Arthur  F.  Hopkins  and  Dan* 
iel  Wright 

From  the  county  of  FvbnkV\n+r Richard  EUis  and  William. 

Metcalf. 

From  the  county  of  Cotbcq^Malldjah  Vaughan,  and  Thomas 
I),  Crabb. 

From  the  county  of  Clurk—Heuhm  Saffold  and  Jmnes  M*~ 
Qoffin. 

From  the  county  of  Baldwin — Harry  Tflidmin* 
From  the  county  of  C$ih%b2L-~lUt[€pag e  Sims* 
From  the  county  of  Conecuh— -Samuel  Cook. 
From  the  county  of  D a!  fas-—  William  U.  King, 
From  the  county  of  Marengo — Washington  Thompson. 
From  the  county  of  Marion — John  D  Territ 
From  the  county  of  Lauderdale — Hugh  M'Vay, 
From  the  county  of  St.  Clair — David  Conner* 
From  the  county  of  Autauga— James  Jackson. 


13 


Mr.  Touimin  from  the;  committee  appointed  to  dr  aft  an  or- 
dinance, comformably  to  the  conditions,  contained  in  the  $th 
flection. of  the  act  for  the  admission  of  this  Territory  into  the 
Union  ;  made  a  report*  which  was  received  and  read  the  first 
time. 

And  on  motion  ordered  that  the  said  report  be  referred  to  a 
committee  of  the  whole  and  be  made  the  order  ot  the  day  for 
to-morrow,  and  that  fifty  copies  thereof  be  printed  for  the  use 
of  the  members. 

Mr.  Clay,  from  the  committee  appointed  to  draft  a  plan  of  a 
Constitution  or  form  of  Government  for  the  State  to  be  formed 
of  the  Alabama  Territory,  made  a  report,  which  was  received 
and  read  the  first  time. 

And  on  motion  of  Mr,  Clay,  ordered  that  the  said  report  b© 
referred  to  a  Committee  of  the  whole  and.be  made  the  order  of 
the  day  for  Thursday  ne^rt 

Mr.  Chambers  moved  that  one  hundred  copies  of  the  said  re- 
port be  printed  for  the  use  of  the  Convention. 

And  the  question  being  taken  thereon  it  was  decided  in  the 
negative. 

Mr.  Clay  moved  that  seventy -five  copies  be  printed  for  the 
use  of  the  Convention. 

And  the  question  being*  taken  thereon  it  was  decided  in  th© 
affirmative. 

On  motion,  ordered  that  the  Convention  do  now  adjourn  till 
10  o'clock  to-morrow  morning. 

WEBJSTM  SDA  T,  July  14,  1819. 

The  Convention  met  pursuant  to  adjournment 

Mr.  King  called  for  the  order  of  the  day  on  th£  report  of  the 
committee  appointed  to  prepare  an  ordinance,  conform?J>ly  to 
the  conditions  oi  the  6th  section  of  the  act  for  the  admission 
of  this  Territory  into  the  Union. 

And  on  motion  the  Convention  resolved  itself  into  a  commit- 
tee of  the  whole  on  «»id  report — Mr.  Pickens  (of  Washington) 
in  the  chair  ;  and  after  some  time  spent  therein — Mr.  Presi- 
dent resumed  the  chair,  and  Mr.  Pickens  reported  that  the 
Committee  had  according  to  order  had  the  said  report  under 
consideration,  and  had  amended  the  same  by  striking  out  the 
preamble  and  the  word  therefore,  with  which  amendment  they 
desired  the  concurrence  of  the  Convention. 

Oft  motion  of  Mr.  King,  ordered  that  the  said  report  and 
amendment  lie  upon  the  table. 

Mr.  Hitchcock  ottered  the  following  additional  rule  for  the 
government  of  this  Convention ; 


14 


All  adjournments  shall  be  to  9  o'clock  on  the  succeeding 
day. 

Ariel  the  question  being  taken  thereon  it  was  decided  in  the 
negative. 

Mr  Minor  offered  the  following  resolution — Resolved,  That 
a  committee  of  members  be  appointed,  to  draw  and  re- 
port to  this  Convention  a  Memorial  to  the  Congress  of  the 
Untied  States  praying  that  if  the  treaty  with  Spain,  made  at 
Washington  during  the  present  year,  shall  be  ratified  by  the 
Spanish  government — so  much  of  the  Territory  thereby  ceded 
to  the  United  States  a3  lies  West  of  the  Appatachicola  river, 
may  be  annexed  to  the  State  of  Alabama. 

And  the  question  being  taken  thereon,  it  passed  an  the  affir- 
mative. 

On  motion — Resolved*  That  the  blank  in  said  resolution  be 
filled  with  the  word  "  five." 

And  the  qnestxon  being  taken  thereon,  it  passed  in  fcne  affir- 
mative. 

Whereupon  the  following  members  were  appointed  in  pursu- 
ance of  the  said  resolution,  Messrs.  Minor,  Toulmin,  Cook, 
Terril  and  Jackson. 

On  motion  ordered  that  when  this  Convention  adjourns,  it 
will  adjourn  till  ten  o^clock  on  Monday  next. 

On  motion  ordered  that  the  Convention  do  now  adjourn* 

MONDAY,  My  19,  1819, 

The  Convention  met  pursuant  to  adjournment. 

Mr.  Bibb,  (of  Limestone)  moved  the  reconsideration  of  the 
motion  made  by  Mr.  Hitchcock  on  Wednesday  last,  that  the 
following  be  added  as  an  additional  Rule  for  the  government  of 
this  Convention. 

«  All  adjournments  shall  be  to  9  o'clock  on  the  succeeding 
day  unless  otherwise  ordered  by  the  Convention." 

And  the  question  being  taken  thereon,  it  passed  in  the  affir- 
mative. 

The  question  was  then  taken  on  the  adoption  of  the  said  rule 
and  decided  in  the  affirmative. 

Mr.  Tonlmin  offered  the  following  resolution— Resolved, 
That  the  same  record  be  kept  of  the  proceedings  in  committee 
of  the  whole  as  it  is  usual  to  keep  when  the  President  is  in  the 
Chair. 

And  the  question  being  taken  thereon,  it  was  decided  in  the 

negative. 

On  motion  of  Mr.  Clay,  the  Convention  Resohed  itself  into 
a  committee  of  the  whole,  cn  the  report  of  the  committee  ap- 


15 


pointed  to  prepare  and  report  a  plan  of  a  Constitution.  Mr. 
King  in  the  Chair— ami  alter  the  some  time  spent  therein  Mr. 
President  resumed  the  chair  and  Mv.  King  reported  that  the 
committee  had  according  to  order*  bad  the  said  report  under 
consideration,  had  made  some  progress  therein,  but  not  having 
time,  to  go  the  same,  had  directed  him  to  a&k  leave  to  sit  ag&rn 
which  was  granted 

On  motion  of  Mr.  Townes— ifesoJvec?,  That  when  this  Con* 
vention  adjourns,  it  will  adjourn  to  4  o'clock  this  evening. 
On  motion  ordered  that  the  Convention  do  now  adjourn. 

4  o'clock,  P,  M. 
The  Convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  King  the  Convention  resolved  itself  into 
a  committee  of  the  whole  on  the  report  of  the  committee  ap. 
pointed  to  prepare  and  report  a  plan  of  a  Constitution  ;  Mr* 
Toulmin  in  the  chair,  and  after  some  time  spent  therein,  Mr. 
President  resumed  the  chair,  and  Mr.  Toulmin  reported  that 
the  committee  had  according  to  order  had  the  said  report  under 
consideration,  had  made  some  progress  therein  hut  not  having 
time  to  go  thro'  the  same,  had  directed  him,  to  ask  leave  to  art 
again  which  was  granted. 

Mr.  Mead  moved  the  following  resolution — Resolved,  That 
the  Secretary,  bo  directed  to  have  printed  for  the  use  of  the 
members,  copies  of  the  Journal  of  the  proceedings  of  this 
Convention. 

And  the  question  being  taken  thereon,  it  passed  in  the  affirm- 
ative. 

On  motion  of  Mr.  King,  ordered  that  the  said  resolution  lie 
upon  the  table. 

On  motion,  ordered  that  the  Convention  do  now  adjourn. 

TUESDAY  July  20, 1819. 

The  Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  King  the  Convention  again  resolved  itself 
into  a  committee  of  the  whole  on  the  report  of  the  committee 
appointed,  to  prepare  and  report  a  plan  of  a  Constitution  and 
State  Government  for  the  State  to  ho  formed  of  the  Alabama 
Territory.  Mr.  Bibb  (of  Limestone)  in  the  chair,  and  after 
sometime  spent  therein — Mr.  President  resumed  the  chair  and 
Mr.  Bibb  reported,  that  the  committee  had  according  to  order 
had  the  said  report  under  consideration,  had  made  some  pro- 
gress therein  but,  not  having  time  to  go  through  the  same  bad 
directed  him  to  ask  leave  to  sit  again  which  was  granted. 

On  motion  of  Mi*.  Taylor  ftesolved*  that  when  this  Conven- 
tion adjourns,  it  will  adjourn  till  half  past  three  o'clock  this 
evening. 

On  motion  ordered  that  the  Convention  do  now  adjourn. 


16 


Half  past  3  o'cfock,  P.  M, 
The  Convention  met  pursuant  to  adjournment 
On  motion  of  Mr.  Taylor  the  Convention  resolved  itself  in- 
to a  committee  of  the  whole  to  take  into  consideration  the  re* 
port  of  the  committee  appointed  to  prepare  and  report  a  plan 
of  a  Constitution  and  State  Government*  for  the  State  to  be 
formed  of  the  Alabama  Territory.  Mr  Saffold  in  the  chair 
and  after  sometime  spent  therein,  Mr  President  resumed  the 
chair  and  Mr.  Saffold  reported  that  the  committee  had  accor* 
dine  to  order  had  the  said  report  under  consideration  and  had 
made  some  progress  therein  but,  not  having  time  to  go  thro* 
tiie  same  had  directed  him  to  ask  leave  to  sit  again,  which  was 
granted. 

On  motion  ordered  that  the  Convention  do  now  adjourn. 

WEDNESDAY,  July  21,  1819. 

The  Convention  met  pursuant  to  adjournment 

Mr.  Mead  called  up  the  resolution  offered  by  him  on  Mon- 
day last  directing  the  Secretary  of  this  Convention  to  have 
printed  for  the  use  of  the  members  copies  of  the  Jour* 

nalsof  the  proceedings  of  this  Convention. 

To  which  Mr,  King  moved  an  amendment  in  the  following 
words : « And  copies  to  be  distributed  by  the  Secretary 
of  State  anion-;  the  several  counties  of  the  8tate(according  to  the 
law  in  relation  to  the  distribution  of  the  Journals  of  the  House 
ol  Representatives) 5  retaining  copies  to  be  deposited 

in  the  Executive  office. 

And  the  question  being  taken  thereon,  it  passed  in  the  affir- 
mative. 

On  motion  of  Mr.  King  Resolved,  that  the  first  blank  in  the 
Resolution  be  filled  with  the  words  "  forty-five,"  the  second 
blank  with-the  words  "five  hundred"  and  the  third  blank  with 
the  words  **  twenty-five 99 

On  motion  of  Mr  King  the  Convention  Resolved  itself  into 
a  committee  of  the  whole  to  take  into  consider  ation  the  repoit 
of  the  committee  appointed  to  prepare  and  report  a  plan  of  a 
Constitution.  Mr.  Murphy  in  the  chair;  and  alter  sometime 
spent  therein*  Mr.  President  resumed  the  chair  and  Mr.  Mur- 
phy reported  that  the  committee  had  according  to  order  had 
the  said  report  under  consideration,  and  had  made  some  pro- 
gress therein  but,  not  having  time  to  go  through  the  same  had 
directed  him  to  ask  leave  to  sit  again,  which  was  granted. 

On  motion  of  Mr.  Taylor,  Ilesolved,  t  hat  when  this  Conven- 
tion adjourns ;  It  will  adjourn  till  4  o'clock  this  evening. 

On  motion  ordered  that  the  Convention  do  now  adjourifc 


17 


WEDNESDAY^  July  21, 1819.— 4  o'clock  P.  Jfc 
The  Convention  met  pursuant  to  adjournment 
On  motion  of  Mr.  Hughes  the  Convention  resolved  itself  a- 
gain  into  a  committee  of  the  whole,  on  the  report  of  the  com- 
mittee appointed  to  prepare  and  report  a  plan  of  a  Constitu- 
tion, Mr.  Toulmin  in  the  chair,  &  after  some  time  spent  there- 
in— Mr.  President  resumed  the  chair,  and  Mr.  Toulmin  re- 
ported that  the  committee  had  according  to  order  had  the  said 
report  under  consideration  &  had  made  some  progress  there- 
in, but  not  having  time  to  go  through  the  same  had  directed 
him  to  ask  leave  to  sit  again,  which  was  granted. 

On  motion  ordered  that  the  Convention  do  now  adjourn. 

THURSDAY  July  22,  1319. 

The  Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Taylor  the  Convention  resolved  itself  in- 
tra committee  of  the  whole  to  take  into  consideration  the  re- 
port of  the  committee  appointed  to  prepare  and  report  a  plan  of 
a  Constitution,  Mr.  King  in  the  chair,  <Sc  after  sometime  spent 
therein,  Mr.  President  resumed  the  chair  and  Mr.  King  repor- 
ted, that  the  committee  had  according  to  order  had  the  said  re- 
port under  consideration  and  had  made  some  progress  therein, 
but  not  having  tune  to  go  through  the  same,  had  directed  him 
to  ask  leave  to  sit  again,  which  was  granted. 

On  motion  of  Mr.  Taylor  Resolved,  that  when  this  Conven- 
tion adjourns,  it  will  adjourn  till  4  o'clock  this  evening. 

On  motion  ordered  that  the  Convention  do  now  adjourn. 

4  o'clock  P.  JUL 

The  Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Taylor  the  Convention  resolved  itself  a- 
gain  into  a  committee  of  the  whole  to  take  into  consideration 
the  report  of  the  committee  appointed  to  prepare  and  report  a 
plan  of  a  Constitution,  Mr.  Pickens  (of  Washington)  in  the 
chair — and  after  some  time  spent  therein,  Mr.  President  resu- 
med the  chair  a?id. Mr.  Pickens  reported  that  the  committee 
had  according  to  order  had  the  said  report  under  considera- 
tion, had  made  some  progress  therein,  hut  not  having  time  to 
go  thro'  the  same,  had  directed  him  to  ask  leave  to  sit  again, 
which  was  granted. 

On  motion  ordered  that  the  Convention  do  now  adjourn. 

FRIDAY,  July  23,  IS  19. 
The  Convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  day  the  Convention  resolved  itself  into 
a  committee  of  the  w  hole,  on  the  report  of  the  committee  ap- 

C 


18 


pointed  to  prepare  and  report  a  plan  of  a  Constitution  $  Mr. 
Bibb  (of  Limestone)  in  the  chair,  and  alter  some  time  spent 
therein,  Mr  President  resumed  the  c hair  and  Mr.  Bibb  re- 
ported that  the  committee  had  according  to  order  had  the  said 
report  under  consideration,  and  had  made  some  progress  there- 
in,  but  not  having  time  to  go  through  the  same,  had  directed 
hiin  to  ask  leave  to  sit  again,wliich  was  granted. 

On  motion  Resolved*  That  when  this  Convention  adjourns, 
it  will  adjourn  till  4  o'clock  this  evening 

On  motion  ordered  that  this  Convention  do  now  adjourn 

4  o'clock  r.M 

The  Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Taylor  the  Convention  resolved  itself  in- 
to  a  Committee  of  the  whole,  on  the  report  of  the  committee  ap- 
pointed to  prepare  and  report  a  plan  of  a  Constitution,  Mr. 
Murphy  in  the  chair,  and  alter  some  time  spent  therein,  Mr. 
President  resumed  the  chair,  and  Mr.  Murphy  reported  that 
the  committee  had  according  to  order  had  the  said  report  un- 
der consideration  and  had  made  some  progress  therein,  but 
not  having  time  to  go  through  the  same,  had  directed  him  to 
ask  leave  to  sit  again,  which  was  granted. 

On  motion  ordered  that  the  Convention  do  now  adjourn. 

SATURDAY*  July  24, 1819. 
The  Convention  met'pursuant  to  adjournment 
On  motion  of  Mr.  Bibb  of  Limestone  Resalved,  that  when 

this  Convention  adjourns  it  will  adjourn  till  10  o'clock  on 

Monday  next. 

On  motion  of  Bibb  of  Limestone*  the  Convention  resolved  it- 
self into  a  committee  of  the  whole,  on  the  report  of  the  commit- 
tee appointed  U  prepare  and  report  a  plan  of  a  Constitution. — 
Mr.  Pickens  of  Washington  in  the  chair;  and  after  sometime 
spent  therein,  Mr  President  resumed  the  chair,  and  Mr.  Pick- 
ens reported  that  the  committee  had  according  to  order  had  the 
said  report  under  consideration  and  had  made  some  progress 
therein,  bur  not  having  t  ime  to  go  thro*  the  same  had  directed 
him  to  ask  leave  to  sit  again,  which  was  granted. 

On  motion  ordered  that  the  Convention  do  now  adjourn.. 

MONDAY,  July  1819. 
The  Convention  met  pursuant  to  adjournment 
On  motion  of  Mr.  King,  the  Convention  resolved  itself  info 
a  committee  of  the  whole,  on  the  report  of  the  committee  ap- 
pointed to  prepare  and  report  a  Constitution.    Mr.  Saftold  in 
the  chair;  and  alter  sometime  spent  therein?  Mr.  President  re- 


19 


Gurnet!  the  chair,  and  Mr.  Saffokl  reported  that  the  committee 
had  according  to  order  had  the  said  report  under  considera- 
tion and  had  made  some  progress  therein  but  not  having  time 
to  go  thro*  the  same,  had  directed  him  to  ask  leave  to  sit  again, 
which  was  granted. 

On  motion  of  Mr  King  Resolved,  that  when  this  Convention 
adjourns  it  will  adjourn  till  4  o'clock' this  evening. 

On  motion  ordered  that  this  Convention  do  now  adjourn. 

4  o'clock  P.  M 

The  Convention  met  pursuant  to  adjournment 

On  motion  of  Mr.  Taylor  the  Convention  resolved  itself  in- 
to a  committee  of  the  whole,  on  the  report  of  the  committee 
appointed  to  prepare  and  report  a  plan  of  a  Constitution— *Mr* 
King  in  the  chair;  and  sifter  sometime  spent  therein,  Mr  Pre 
sident  resumed  the  chair,  and  Mr  King  reported  that  thecoma 
mittee  had  according  to  order  had  said  report  under  considera- 
tion and  had  inade  some  progress  therein,  but  not  having 
time  to  go  thro'  the  same  had  directed  him  to  ask  leave  to.  sit 
again  which  was  granted. 

On  motion  ordered  that  the  Convention  Uo  now  adjourn. 

TUESDAT,Jvly  2T9  1819, 
The  Convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  Taylor  the  Convention  resolved  itself  in- 
to a  committee  of  the  whole,  on  the  report  of  the  committee 
appointed  topreparc  and  report  a  plan  of  a  Constitution — Mr. 
Bibb  of  Limestone  in  the  chair :  and  after  some  time  spent  there- 
in, Mr.  President  resumed  the  chair,  and  Mr.  Bibb  reported 
that  the  committee  had  according  to  order  had  said  report  un- 
der consideration  and  had  made  some  progress  therein  hut 
not  having  time  to  go  thro'  the  same  had  directed  him  to  ask 
leave  to  sit  again,  which  was  granted. 

On  motion  of  Mr.  King  Jlesolved*  tjiat  when  this  Convention 
adjourns  it  will  adjourn  till  half  past  3  oVlock. 

On  motion  ordered  that  this  Convention  do  now  ad  journ. 

Half  past  3  o'clock  i».  M 
The  Convention  met  pursuant  to  adjournment 
Mr.  Garrow  a  member  from  the  county  of  Mobile  appeared 
and  took  his  scat. 

On  motion  of  Mr.  Hughes  the  Convention  resolved  itself  in- 
to a  committee  of  the  whole,  on  the  report  of  the  committee 
appointed  to  prepare  and  report  a  plan  of  a,  Constitution  for 
the  State  of  Alabama.  Ml.  Pickens  of  Washington  in  the 
chair ;  and  alter  some  time  spent  therein,  Mr.  President  resum- 


20 


cd  the  chair,  and  Mr.  Pickens  reported  that  the  committee  of 
the  whole  had  according  to  order  had  the  said  report  under 
consideration  had  made  sundry  amendments  thereto.  Wjili 
which  the  committee  asked  the  concurrence  of  the  Convention. 

On  motion  of  Mr.  King,  ordered  that  the  said  report  with 
the  amendments  He  upon  thn  table 

On  motion  of  Mr.  King  the  report  of  {he  committee  appoint- 
ed to  prepare  an  ordinance  comformably  to  the  conditions 
contained  in  the  sixth  section  of  the  act  of  Congress  for  ttic  ad- 
mission of  this  Territory  into  the  Union  with  the  amendments 
made  thereto  in  committee  of  the  whole,  was  called  up. 

And  on  motion  the  Convention  again  resolved  itself  into  a 
committee  of  the.  whole  on  the  said  report  and  amendments. — 
Mr.  Pickens  of  Washington  in  the  chair;  and  after  some  time 
spent  therein,  Mr.  President  resumed  the  chair,  and  Mr.  Pick- 
ens reported  that  the  committee  had  according  to  order  had 
the  said  ordinance  with  the  amendments  under  consideration 
and  had  made  sundry  amendments  thereto,  With  which  they 
asked  the  concurrence  of  the  Convention, 

And  the  question  being  taken  thereon,  it  passed  in  the  affir- 
mative. 

The  said  ordinance  was  then  read  a  second  time  and  order- 
ed to  he  engrossed  and  read  a  third  time. 

On  motion  ordered  that  the  Convention  do  now  adjourn. 

WEDNESDAY,  July  28,  1819 
The  Convention  met  pursuant  to  adjournment. 
Mr.  Minor  from  the  committee  appointed  to  draw  and  re- 
port to  this  Convention  a  memorial  to  the  Congress  of  the  li- 
nked States  praying  that  if  the  treaty  with  Spain  made  at 
"Washington  during  the  present  year,  shall  be  ratified  by  the 
Spanish  Government,  so  much  of  the  Territory  thereby  ceded 
to  the  United  States  as  lies  west  of  the  Apalachicola  River 
may  he  annexed  to  the  State  of  Alabama,  made  a  report  which 
was  received  and  read  the  first  time,  and  ordered  to  be  laid  on 
the  table. 

On  motion  of  Mr.  King  the  Convention  proceeded  to  consi- 
der the  amendments  made  to  the  Constitution  as  reported  by 
the  committee  of  the  whole. 

The  amendments  made  to  the  preamble  of  the  Constitution 
as  reported  by  the  committee  of  the  whole  in  the  4th,  6th  and 
16th  lines  being  read,  and  the  questions  being  taken  thcreoi 
they  were  concurred  in  by  the  Convention. 

A  motion  was  made  by  Mr.  Pickens  of  Washington,  to  a- 


21 


mend  the  last  amendment  made  in  committee  of  the  whole  to 
the  preamble  of  the  Constitution*  by  strikng  out  the  words 
«  alteration  br,"  and  the  question  being  taken  thereon,  it  pas- 
sed in  the  affirmative. 

ARTICLE  1-  DECLARATION  OF  RIGHTS. 

The  amendments  made  to  the  3d,  5  th,  9th,  llth,  and  17th 
sections,beiog  read  and  the  questions  being  taken  thereon,  they 
W(P*  concurred  in  by  the  Convention. 

Mr.  Taylor  moved  to  amend  the  amendment  made  in  com- 
mittee of  the  whole  to  the  21st.  section,  hy  striking  out  the 
words,  "except  during  the  life  of  the  offender.** 

And  the  question  being  taken  thereon,  it  passed  in  the  af- 
firmative 

The  question  was  then  taken  on  concurring  with  the  amend- 
ment as  amended,  and  passed  in  the  affirmative 

The  question  was  then  taken  on  the  amendment  made  to  the 
29th  section,  and  concurred  in  by  the  Convention. 

ARTICLE  3 — -LEGISLATIVE  DEPARTMENT 

The  amendment  which  was  made  in  committee  of  the  whole 
to  the  3d.  sec.  being  read,was  concurred  in  by  the  Convention. 

Mr.  King  moved  to  disagree  to  the  amendment  made  in  com- 
mittee of  the  whole  to  the  4th  section,  which  struck  out  the 
words  twenty  three  and  inserted  the  words  "twenty  one,'*  the 
age  prescribed  as  to  qualification  for  a  Representative. 

And  the  question  being  taken,  will  tb~  Convention  concur 
in  said  amendment,  it  passed  in  the  affirmative. 

The  yeas  and  nays  being  called  for  by  two  members  pre- 
sent,those  who  voted  m  the  affirmative  are, 

Messrs.  Armstrong,  Bibb  (of  Limestone)  John  Brown,  I- 
saac  Brown,  Clay,  Conner,  Cook,  Crabb,  Davis,  Ellis,  Han- 
by.  Hopkins,  Hughes,  Jackson,  M'Goffin,  Metcalf,  Moore, 
Phillips,  Pickens,  (of  Washington)  Rogers,  SafToVd,  Terrtf, 
Thompson,  Tindal,  Townes,  \  aughan,  Wiggins,  Wright  and 
Williams — 29. 

And  those  who  voted  in  the  negative  are,  Mr.  President, 
Messrs.  Bibb,(of  Montgomery)  Chambers,  Garrow, Hitchcock, 
King,  M'Vay,  Minor,  Pickens,  (of  Monroe)  Sims,  Taylor, 
Toulmin,  and  Watkins — 13. 

The  amendments  to  the  5th,  8th,  9tb,  10th,  11th  and  12th 
sections  were  read  and  concurred  in. 

The  new  section  proposed  by  the  committee  of  the  whole  to 
oorne  in  after  the  12th  section  was  read  and  concurred  m. 

The  amendments  to  the  17th,  25th  and  2Gth  sections  were 
fead  and  concurred  in. 


22 


The  amendment «  made  to  the  £8th  section  being  read,  Mr. 
Toulinin  moved  to  amend  the  amendment  by  striking  out  the 
words  1828,  and  inserting  in  lieu  thereof  1825 

And  the  question  being  taken  thereon,  it  passed  in  the  affir- 
mative. 

Mr.  Williams  moved  to  strike  out  the  provisio  to  the  a* 
mend  men  t,  and  the  question  being  taken  thereon,  it  was  de- 
cided in  the  negative. 

Mr.  Clay  moved  farther  to  amend  the  amendment  by  adding 
an  additional  provisio  in  the  following  words  ;  **  And  prov  • 
ded  also  that  the  General  Assembly  shall  make  no  appropria- 
tions previous  to  the  year  1825  tor  the  building  of  any  other 
State  House  than  that  now  provided  for  by  law. 
And  the  question  being  taken  thereon,it  passed  in  the  affirmative* 

The  question  was  then  taken  on  concurring  with  the  amend- 
ment as  amended,  and  decided  in  the  affirmative. 

ARTICLE  4  EXECUTIVE- DEPARTMENT. 

Amendments  made  to  the.  5th,  6th,  8th?  14th,  15th,  ITth, 
21st,  22d,  23d,  and  25th  sections  were  read  and  concurred  in. 

MILITIA. 

The  amendments  made  to  the  2d  section  were  read  and  con- 
curred in. 

The  fourth  section  was  then  read  as  amended  in  com- 
mittee of  the  whole,  which  prescribes  that  all  qthcers  of  the  mi- 
litia shall  be  elected  or  appointed  in  such  manner  as  may  bo 
prescribed  by  law ;  provided  that  t|ie  General  Assembly  shall 
not  make  any  such  elections  or  appointments  other  tnan  those 
of  Adjutants  General  and  Quarter-masters  General. 

Mr.  Saffoid  moved  to  amend  the  amendment  made  in  com* 
mittee  of  the  whole,  by  striking  out  the  words  "provided  that 
the  General  Assembly  shall  not  make  any  such  elections  or 
appointments." 

And  the  question  being  taken  thereon,  it*  was  decided' in  the 
negative. 

The  yeas  and  nays  being  demanded  by  two  members  pre- 
sent :  those  who  voted  in  the  affirmative  are, 

Messrs.  Moore,  Pickens  (of  Monroe)  Saffoid,  Tindall, 
Towncs,  Wiggins,  and  Williams— T. 

Those  who  voted  in  the  negative  arc,Mr  Presidcnt,Measrs. 
Armstrong,  Bibb,  (of  Limestone)  Bibb  (of  Montgomery)  John 
Brown,  Isaac  Brown,  Chambers,  Clay,  Conner,  Cook*  Crabb, 
Davis,  Ellis,  Garrow,  tlanby,  Hitchcock,  popkhts,  Hughes^ 
Jackson,  King,  M^Goffin,  M'Vay,  Metcalf,  Mpnor,  Phillips,, 


23 


Fickens  (of  Washington}  Rogers,  Sims,Tayloi%Terril,Thomp« 
8009  Toulmin,  Vaughan,  Walkins,  and  Wright— 35. 

Mr,  King  then  moved  to  strike,  out  the  words  "  other  than 
those  of  Adjutants  General  and  Quarter-masters  General.?* 

And  the  question  bring  taken  thereon,  ii  was  decided  in  the 
negative. 

The  yeas  and  nays  ocing  demanded  by  two  members  pre- 
sent, those  who  voted  in  the  aitii  illative  are  Mr.  President, 
Messrs  Bibb,  (of  Limestone)  Bibb  (of  Montgomery)  Chambers, 
Clay,  Davis,  Eliis,  Garrow,  Hitchcock,  King,  Pickens,  (of 
"Washington)  Rogers,  Sims,  Taylor,  Terril,  Thompson,  Toul- 
min, Vaughan,  and  Watkins — 19. 

Those  who  voted  in  the  negative  arc  Messrs  Armstrong, 
John  Brown,  Isaac  Brovn,  Conner,  Cook,  Crabb,  Hanby, 
Hopkins,  Hughes,  Jackson,  M'Goiiin,  M'Yay,  Metcalf,  Mi- 
nor, Moore,  Phillips,  Pickens  (of  Monroe,)  Saffold,  Tindal, 
Townes,  Wiggins,  Wright  and  Williams — 23. 

The  amendments  to  the  fifth  section  were  then  read,  giv- 
ing to  the  Governor  the  appointment  of  his  Aids-dc-Camp. 

Mr.  King  moved  to  amend  the  amy  nit  in  en  t  by  striking  out 
the  words,  *»  his  own  JHds-de-Camp,9'  and  inserting  in  lieu 
thereof  m  his  staff  officers" — And  the  question  bring  taken 
thereon,  it  was  decided  in  the  negative. 

Mr.  Toulmin  moved  to  amend  the  amendment  by  adding  the 
following  words,  "  he  shall  nominate,  and  by  and  with  the  ad- 
vice ami  consent  of  the  Senate  appoint,  all  general  staff  officers, 
whose  appointments  are  not  otherwise  provided  for ;  and  the 
question  being  taken  thereon,  it  was  decided  in  the  negative. 

The  question  was  then  taken  on  the  amendment  as  reported; 
by  the  committee  of  the  whole  and  decided  in  the  affirmative* , 

ARTICLE  5  JUDICIAL  I)EPJR'fMEA"T. 

The  amendments  made  in  committee  of  the  w  hole  to  sec- 
tions 1st,  2d,  ad,  4th,  5th,  9th,  10th,  llth  and  13th  were  read 
and  concurred  in. 

The  amendment  made  to  the  16th  section,  which  pro- 
vides that  the  clerks  of  the  several  courts  shall  be  appointed  in 
such  manner  and  be  removed  from  oilice  lor  such  causes,  as 
may  be  prescribed  hy  law — being  read, 

Mr,  Clay  moved  to  amend  the  amendment  by  adding  the  fol- 
lowing words,  "provided  that  tiie  General  Assembly  shall  not. 
make  such  appointments,"  And  the  question  being  taken  there- 
on, it  wras  decided  in  the  negative. 

Mr.  Salfold  then  moved  to  amend  the  amendment  by  strik* 


24 


trig  out  the  amendment  of  the  committee  of  the  whole,  after  the 
Word  several,  and  inserting  the  following  words,  after  the  word 
several,  «  Circuit  and  Interior  courts  in  this  state  shall  be  e- 
lected  by  the  qualified  electors  in  each  county  for  the  term  of 
years  and  may  be  removed  from  oflice  for  such  causes 
and  in  such  manner  as  may  he  prescribed  by  law,  and  should 
a  vacancy  occur  subsequent  to  an  election,  it  shall  be  filled  by 
the  Judges  of  the  court  in  which  the  vacancy  exists,  and  the 
person  so  appointed  shall  hold  his  office  until  the  next  General 
election. 

And  the  question  being  taken  on  striking  out  said  words,  it 
was  decided  in  the  affirmative. 

The  yeas  and  nays  being  demanded  by  two  members  pre* 
sent,  those  who  voted  in  the  affirmative,  arc  Messrs.  Arm- 
strong, Bibb,  (of  Montgomery)  John  Brown,  Isaac  Brown, 
Conner,  Cook,  Crabb,  Hanby,  Jackson,  M'Gonin,  M'Vay, 
Metcalf,  Moore,-  Phillips,  Safiold,  Sims,  Terril,  Thompson, 
Tindal,  Yaughan,  Watkins,  Wiggins  and  Williams — 23. 

Those  who  voted  in  the  negative  are  Mr.  President,  Messrs* 
Bibb,  (of  Limestone)  Chambers,  Clay«  Davis,  Ellis,  Garrow, 
Hitchcock,  Hopkins,  Hughes,  King,  Minor*  Pickens,  (of 
Monroe)  Pickens,  (of  Washington)  Rogers,  Toulmin.  Taylor, 
Tovvnes  and  Wright — 19. 

The  question  was  then  taken  on  inserting  said  words  and 
decided  in  the  affirmative. 

The  yeas  and  nays  being  demanded  by  two  members  pre- 
sent Those  who  voted  in  the  affirmative,  are  Messrs.  Ann- 
strong,  Bibb  (of  Montgomery)  John  Brown,  Isaac  Brown, 
Conner,  Cook,  Crabb,  Hanby,  Jackson,  M'Gofhn,  M'Vay, 
Metcalf*  Moore,  Phillips,  Pickens,  (of  Monroe)  Saffbld,  Sims, 
Terril,  Thompson,  Tindal,  Yaughan,  Watkins,  Wiggins,  and 
Williams— 24. 

Those  who  voted  in  the  negative,  arc  Mr.  President,  Messrs. 
Bibb  'of  Limestone)  Chambers,  Clay,  Davis,  Ellis,  Garrow, 
Hitchcock;  Hopkins,  Hughes,  King,  Minor,  Pickens,  (of 
Washington)  lingers,  Taylor,  Toulmin,  Townes,&  Wright — 18 

On  motion  of  Mr.  King — Resolved,  that  when  this  Conven- 
tion adjourns  it  will  adjourn  till  4  o'clock,  P.  M. 

On  motion  ordered  that  the  Convention  do  now  ad  journ. 

4  o'clock,  P.  M. 

The  Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  King  the  Convention  proceeded  to  consi- 
der the  amendments  mane  to  the  Constitution  as  reported  b/ 
the  committee  of  the  whole. 


25 


Mr.  Clay  moved  farther  to  amend  the  amendment  made  to 
the  1 6th  section  by  adding  the  following  words,  "provided 
that  ho  person  who  may  be  elected  clerk  shall  be  permitted  to 
enter  on  the  duties  of  the  office,  **  till  he  shall  have  produced  tu 
the  court  for  which  he  shall  have  been  elected  clerk  a  certifi- 
cate from  some  Judge  of  the  Supreme  or  Circuit  court  of  thi$ 
State  that  he  is  qualified  far  the  duties  of  bis  Om"ce,and  a  failure 
to  produce  such  certificate  shall  be  deemed  a  vacation  of  th« 
office,  and  the  court  shall  proceed  to  appoint  a  clerk,  for  the 
remainder  of  the  term.'*  And  the  question  being  taken  there- 
on, it  was  decided  in  the  negative. 

The  yeas  and  nays  being  demanded  by  two  members  pres- 
ent, those  who  voted  in  the  affirmative,  are  Messrs.  Cham* 
bers,Clay,  Davis,  Ellis, Garrow, Hitchcock,  Hopkins,  Hughes, 
King,  M'Goffin,  Metcalf,  Minor,  Rogers,  Taylor*  Terril, 
Tow  lies  and  Wright — 17. 

Those  who  voted  in  the  negative,  are  Mr  President,  Messrs, 
Bibb  (of  Limestone)  Bibb  (of  Montgomery)  John  Brown, Isaac 
Brown,  Conner,  Cook,  Crabb.  Hanby,  Jackson,  M'Vay, 
Moore,  Phillips,  Pickens  (of  Washington)  Pickens  (of Monroe) 
Saffold,  Sims,  Thompson,  Tindal,  Toulmin,  Vaughan,  Wat- 
kins,  Wiggins,  Williams  and  Armstrong — 25. 

Mr.  Hughes  moved  to  fill  the  blank  in  said  amendment  with 
the  word  "ten*"  and  the  question  being  taken,  it  was  decided 
in  the  negative. 

Mr  Bibb  (of  Montgomery)  moved  to  fill  the  blank  with  the 
word  "four."  And  the  question  being  taken,  it  was  decided  in 
the  affirmative. 

Mr.  Toulmin  moved  farther  to  amend  the  said  amendment 
by  adding  the  following  proviso,  "provided,  however,  that  the 
General  Assembly  shall  direct  a  mode  by  which  persons  so  e- 
lected  shall  within  six  months  after  their  election,  be  examin- 
ed by  clerks  or  other  persons  well  skilled  in  the  duties  of  a 
clerk  and  should  it  appear  on  such  examination  that  any  per- 
son  so  elected  is  not  duly  qualified  to  discharge  the  duties  of 
the  office,  another  clerk  shall  be  elected  at  the  next  general  e- 
lection,  and  the  dnties  of  the  office  shall  in  the  mean  time  be 
discharged  in  such  manner  as  may  he  prescribed  by  law,"  and 
the  question  being  taken  thereon,  it  was  decided  in  the  nega- 
tive 

The  yeas  and  nays  being  demanded  by  two  members  pre- 
sent, those  who  voted  in  the  affirmative,  are  Messrs.  Cham- 
bers? Clay,Davi3,E!lis,  Garrow,  Hitchcock,  Hopkins,  Hughes, 

D 


26 


King,  M'Gofliu,  Rogers,  Terril,  Toulmin,Townes  and  Wright 
— i  5. 

Those  who  voted  in  the  negative,  are  Mr  President  Messrs. 
Armstrong,  Kibb,  (of  Limestone  Bihfo  of  Montg«mery)  John 
Brown,  Isaac  Brown,  Conner,  Cook,  Crabb,  Manny,  Jack- 
t»oa,  M'Vay,  Metcaif,  Minor,  Moore,  Phillips,  Pickens  (of 
Monroe)  Pickens  (of  Washington)  Salfold,  Sims,  Taylor, 
Thompson,  Tindal,  Vaughan,  Watkins,  Wiggins,  and  Wil- 
liams—27. 

The  question  was  then  taken  on  concurring  in  the  amend- 
ment as  amended,  and  was  decided  in  the  affirmative. 

The  amendment  to  the  I9ih  section  was  then  read,  and  the 
words  "  circuit  attornies,"  stricken  out,  and  the  word  «  soli- 
citors" inserted. 

ARTICLE  6  GENERAL  PROVISIONS. 

The  amendments  made  by  the  committee  of  the  whole  to  the 
9th,  1 2th,  14th,  15th  and  1 6th  sections  were  read  and  con- 
curred iti 

Trie  amendment  to  the  17th  section  being  read,  Mr.  Bibb  of 
Montgomery,  moved  to  strikeout  the  words  «  at  the  next  suc- 
ceeding session,"  and  the  question  being  taken  thereon,  it 
was  decided  in  the  negative. 

The  amendments  made  in  committee  of  the  whole  by  striking 
out  entirely  the  19th,20th  and  21st  sections,  were  concurred  in. 

The. amendment  to  the  24th  section  being  read  was  concur- 
red in. 

SLAVES 

The  amendment  made  to  the  2d  section  was  read  and  con- 
curred in. 

MODE  OF  AMENDING  AND  REVISING  THE  CON* 
STITUTION. 

The  amendment  made  to  the  1 2th  line  was  read  and  concur- 
red in. 

ESTABLISHMENT  OF  BANK'S 

The  amendments  made  to  the  1st  section  and  to  the  1st,  5thj 
6th  and  7ih  rule  were  read  and  concurred  in. 

SCHEDULE 

The  amendments  made  to  the  Lsl,  6th  and  8th  sections  were 
read  and  concurred  in* 


27 


The  new  section  introduced  in  committee  of  the  whole  de- 
signating new  election  precincts  being' read,  and  the  question 
being  taken*  will  the. Convention  concur  in  this  amendment— 
it  was  decided  in  the  negative. 

On  motion  ordered  that  the  Convention  do  wow  adjourn. 

THVRSJ)AY,Jnhj  29,  1319 
The  Convention  met  pursuant  to  adjournment 
On  motion  of  Mr  King,  ordered  I  hat  the  Constitution  be 
now  read  a  second  time:  which  was  done  accordingly. 

Mr.  Pickens  (of  Washington)  moved  the  following  amend- 
ment as  a  new  sec  (ion  under  the  head  of  Genets!  Provisions'* 
«  in  the  event  of  the  annexation  of  any  foreign  territory  to 
this  State  by  a  cession  from  the  United  States,  laws  may  be 
passed  extending  to  the  inhabitants  of  such  territory  ail  the 
rights  and  privileges  which  may  be  required  by  the  terms  of 
such  cession;  any  thing  in  this  Constitution  to  the  contrary 
notwithstanding 99 

And  the  question  being  taken  thereon,  it  passed  in  the  affir« 
mative. 

Mr.  Pickens  (of  Monroe)  moved  \o  amond  the  5!h  section 
of  the  3d  anicle  oy  adding  a  proviso  in  the  following  words, 
« and  provided  also  that;  1  he  General  Assembly  shall  have 
power  to  declare  what  other  Tree  persons  above  the  age  of 
twenty  one  years,  shall  he  entitled  to  tiie  right  of  suffrage.*' 

And  the  question  being  taken  thereon,  it  was  decided  in  the 
negative. 

Mr  Bibb  (of  Limestone)  moved  to  amend  the  5th  section  of 
the  3d  article  by  adding  a  proviso  in  the  following  words, 
"provided  that  the  General  Assembly  shall  have  power  to  dc- 
tine  by  law,  what  free  persons  of  mixed  blood  shall  he  deemed 
white  persons  within  the  meaning  of  this  section  and  who 
with  the  qualifications  of  age  and  residence  be  vein  required 
shall  be  deemed  qualified  electors." 

On  motion  of  Mr  Taylor,  ordered  that  {he  said  amendment 
lie  uptm  the  table. 

Mr.  Taylor  moved  to  strike  out  the  16th  section  of  the.  5th 
article,  (relative  to  the  appointment  of  clerks,)  and  to  insert  in 
lieu  thereof  the  following,  "  Clerks  of  the  several  Courts 
shall  be  appointed  in  such  manner,  and  bold  their  offices  for 
such  term  and  be  removed  for  such  causes,  as  may  be  pre- 
scribed by  law  " 

And  the  question  being  taken  thereon,  it  was  decided  in  the 


28 


Mr.  Bibb  (of  Limestone)  moved  to  strike  out  all  that  part 
of  the  J st  seotion  under  the  article  of  slaves,  which  follows  the 
word  "  humanity,"  in  the  loth  line. 

And  the  question  tieing  taken  thereon,  it  was  decided  in  the 
negative. 

Mr  Taylor  moved  to  insert,  after  the  word  "crimes,"  in  the 
2d  sect  ion  under  tbe  article  of  slaves  the  following  words,  "of 
a  higher  grade  than  petit  larceny ." 

And  the  question  being  taken  thereon,  it  was,  decided  in  the 
affirmative. 

Mr  Bibb  (of  Limestone)  moved  to  amend  the  third  section 
under  the  article  of  slaves  by  striking  out  the  remainder  of  tin? 
section  which  follows  the  word  "slave,"  in  the  4th  line. 

And  the  question  being  taken  thereon,  it  was  decided  in  the 
affirmative. 

Mr.  Clay  moved  to  amend  the  15  th  section  of  the  6th  article 
by  inserting  after  the  word  "  Governor,"  «  and  for  members 
of  the  General  Assembly." 

And  the  question  being  taken  thereon,  it  was  decided  in  the 
affirmative. 

Mr  Chambers  moved  to  strike  out  the  1st  section  under 
the  head  of  Banks*  as  reported  by  the  Committee  of  the  whole 
and  to  insert  in  lieu  thereof  the  following: 

"No  Bank  nor  Branch  Bank  shall  be  established,  nor 
bank  charter  renewed  under  the  authority  of  this  Siate,  with- 
out the  concurrence  of  a  majority  of  the  members  elected  to 
each  House  of  the  General  Assembly,  not  more  than  one  Bank 
or  Branch  Bank  shall  be  established,  nor  Bank  charier  re- 
newed at  any  one  session  of  the  General  Assembly  ,norshaU  any 
Bank  or  Branch  Bank  be  established  or  Bank  charter  renew- 
ed but  in  conformity  with  the  following  Rules." 

And  the  question  being  taken  thereon,  it  was  decided  in  the 
negative. 

The  yeas  and  nays  being  demanded  by  two  members  pre- 
sent, those  who  voted  in  the  affirmative*  are,  Mr.  President, 
Messrs.  Chambers,  Clay,I£His,  Garrow,  Hitchcock,  Hopkins, 
Minor,  Pickens,  (of  Monroe)  Pickens  (of  Washington)  Tay- 
lor and  Watkins — 12. 

Those  who  voted  in  the  negative,  are  Messrs.  Armstrong, 
Bibb  (of  Montgomery)  Bibb  (of  Limestone)  John, Brown,  Isaac 
Brown,  Conner,  Cook,  Crabb,  Davis,  Han  by,  Hughes,  Jack- 
Son,  King,  M'Gofiin,  M'Vay,  Melcalf,  Moore*  Phillips,  Rq. 


29 


pers,  Saffold,  Sims,  Terril,  Thompson,  Tinda?,  Toulmin, 
Townes,  Vaughan,  Wiggins,  Wright  and  Williams — 30 

Mr.  King  moved  to  amend  the  1st  section  under  the  head  of 
«  mode  of  amending  and  revising  the  Constitution,"  in  the  8fh 
line  by  striking  out  the  words  "entitled  to  vote"  and  inserting 
in  lieu  thereof  the  word  w  voting"  and  in  the  9th  line  by  stri- 
king out  the  words*  *<in  favour  of??  and  inserting  in  lieu  there- 
of the  word  «  on"  in  the  nth  line  by  striking  out  the  words 
«*  entitled  to  a  vote"  and  inserting  in  lieu  thereof  the  word 
•*  voting  " 

And  the  question  being  taken  thereon^  it  was  decided  in  the 
affirmative. 

Mr.  Jackson  moved  to  amend  the  14th  section  of  the  5th 
article,  which  provides  that  the  Judges  shall  hold  their  offices 
during  good  behaviour,  by  striking  out  the  words  "good  be* 
haviour,"  and  inserting  in  lieu  thereof  the  words  *  the  term 
of  six  years." 

And  the  question  being  taken  on  striking  out,  it  was  deci- 
ded in  the  negative. 

The  yeas  and  navs  being  demanded  by  two  members  pre- 
sent-those  who  voted  in  the  affirmative,  are  Messrs.  Arm- 
strong, John  Brown,  Isaac  Brown,  Conner,  Gook.  Hanby, 
Jacksoji,  M'Gcrffin,  M'Vay,  Metcalf,  Mooro,  Phillips,  Sat-' 
fold,  Sims,  Terril,  Thompson,  Vaughan  and  Wiggins— 18. 

Those  who  y^ted  in  the  negative,  are  Mr.  President,  Bibb, 
(of  Limestone)  Bibb  (of  Montgomery^  Chambers,  Clay, 
Crabby  Davis,  Ellis,  Garrow,  Hitchcock,  Hopkins,  HugUcs, 
-King,  Mead,  Murphy,  Minor,  Pickens  (of  Monroe)  Pickens 
(of  Washington)  Rogers.  Taylor,  Tindal,  Toulmin,  Towncs, 
Watkins,  Wright,  and  Williams — 25. 

Mr.  SafFold  moved  to  amend  the  I4th  section  of  the  5th  ar- 
ticle, by  striking  out  the  following  words  (after  the  word  pro- 
vided) "however,  that  the  cause  or  causes  for  which  such  re- 
moval shall  be  required  shall  be  stated  at  length  in. such  ad- 
dress and  entered  on  the  Journals  of  each  ffousc~-~aiicJ  provi 
ded  further  that  the  cause  or  causes  shall  be  notified  to  the 
Judge  so  intended  to  he  removed,  and  he  shall  be  admitted  to  a 
hearing  in  his  own  defence  before  any  vote  for  such  address 
shall  pass,  and  in  all  such  cases  the  vote  shall  betaken  by  yeas 
and  nays  and  entered  on  the  Journals  of  each  house  respect- 
tively — and  provided  also." 

And  the  question  being  taken  thereon,  it  was,  decided  in  the 
negative. 


30 


Mr  Phillips  moved  to  amend  the  Constitution  by  striking 
out  the  first  section  of  the  6th  article,  and  inserting  the  fol- 
lowing in  lieu  thereof,  "Every  officer  of  this  State  before 
entering  upon  the  duties  of  his  office,  shall  take  the  following 
oath  or  affirmation  I,  A.  B  do  solemnly  swear  as  the  case 
may  be)  that  I  have  not  used  any  undue  means  to  procure  my 
election  or  appointment,  either  by  treating,  bribery,  false  re- 
presentation or  otherwise  either  directly  or  indirectly,  &  that 
ail  matters  and  things  touching  the  services  I  am  to  perform 
I  will  to  the  best  of  my  abilities,  conduct  myself  so  as  to  pro- 
mote the  public  good  that  1  am  duly  qualified  according  to  the 
Constitution  of  this  State,  and  that  1  will  support  the  same* 
and  the  Constitution  of  the  United  States 99 

And  the  question  being  taken  thereon,  it  w  as  decided  in  the 
negative. 

M  r  Bibb  (of  Montgomery)  moved  to  amend  the  8th  sec- 
tion of  the  3d  article,  by  striking  out  so  much,  as  gives  sepa- 
rate representation  to  towns. 

And  the  question  being  taken  thereon,  it  was  decided  in  the 
negative. 

The  yeas  and  nays  being  demanded  by  two  Members  pre- 
sent, those  who  voted  in  the  affirmative,  arc  Messrs  Ann- 
strong,  Bibb  (of  Limestone)  Bibb  (of  Montgomery)  Isaac 
Brown,  Crabby  M'Goflin,  Metcalf,  Murphy, Phillips,  Pickens 
(of  Monroe)  Pickens  of  Washington)  Saffold,  Terril, Tindal, 
Vanghan,  Wiggins  and  Williams — 17. 

Those  who  voted  in  the  negative,  are  Mr.  President,  Messrs, 
3ahn  Brown,  Chambers,  Clay,  Conner,  Cook,  Ellis*  Gsutow, 
Han  by,  Hitchcock,  Hopkins,  Hughes,,  Jackson.  King,  M'- 
Vay,  Minor,  Moore,  Rogers,  Sims,  Taylor.  Thompson, 
Tou| win,  Townes,  Watkins  and  Wright — 25 

On  motion  of  Mr.  Bibb,  (of  Limestone)  -  ordered  that  the 
Constitution  be  laid  upon  the  table. 

On  motion  of  Mr.  Bibb,  (of  Limestone,)  Resolved*  that 
when  this  Convention  adjourns,  it  will  adjourn  till  4  o'clock 
this  evening. 

On  motion  ordered  that  the  Convention  do  now  adjourn. 

4  o'clock,  P.  M. 

The  Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Hitchcock*  the  Convention  resumed  1 1  jo 
consideration  of  the  Constitution. 

Mr.  Hitchcock  moved  to  strike  out  the  4th  and  5th  sections 
under  the  head  of  «  militia,"  and  insert  the  following,  «  The 


31 


Governor  shall  appoint  his  Aids-de-camp-  Majors  General 
shall  appoint  their  Aids-de-camp,  and  ail  other  division  Staff 
officers:  Brigadiers  General, shall  appoint  their  Aidb-de-camp 
and  all  other  Brigade  Staff  officers:  Colonels  shall  appoint 
their  regimental  Slaff  officers  :  and  all  othe  r  officers  of  the  mi- 
litia shall  he  elected  or  appointed  in  such  manner  as  may  bo 
prescribed  by  law,  provided  that  the  General  Assembly,  shall 
nut  make  any  such  elections  or  appointments,  other  than  Ad- 
jutants General  or  Quarter  Masters  General,  and  all  militia 
officers  shall  be  commissioned  by  the  Governor." 

And  the  qucstiou.  being  taken  thereon,  it  was  decided  iu  the 
negative. 

Mr.  Crahb  moved  to  strike  out  the  4th  section  under  the 
head  of  militia,  and  to  insert  iu  lieu  thereof  the  following: 
«  Majors  General  shall  be  elected  b\  the  Brigadiers,  and 
field  officers  of  their  respective  divisions  Brigadiers  General 
shall  be  elected  by  the  field  officers  of  their  respective  Brig- 
ades. AH  other  Held  ollh  ers  of  the  militia,  shall  be  elected  by 
those  citizens  in  their  respective  districts  qualified  to  vote  for 
representatives,  or  subject  to  military  duly;  Captains,  Sub- 
alterns &  non-commissioned  officers  shall  be  elected  by  those 
citizens  in  their  respective  districts,  who  are  qualified  to  vote 
for  members  of  the  General  Assembly  or  subject  to  military 
duty  » 

And  the  question  being  taken  on  striking  out  the  said  sec- 
tion, it  was  decided  in  the  negative, 

Mr  Phillips  moved  to  amend  the  16th  section  of  the  3d  ar- 
ticle which  prescribes  the  mode  of  appointing  the  clerks  of 
courts,  by  adding  the  following  proviso,  "provided  however 
that  after  the  year  the  General  Assembly  may  pres- 
cribe a  different  mode  of  appointment,  but  shall  not  make  suoh 
appointments. 

And  the  question  being  taken  thereon,  it  was  decided  in  the 
affirmative. 

Mr.  Phillips  then  moved  to  fill  the  blank  in  said  proviso, 
with  the  words  one  thousand  eight  hundred  and  twenty-six. 

And  the  question  being  taken  thereon,  it  was  decided  in  the 
affirmative. 

Mr  Hitchcock  moved  to  amend  the  16th  section  of  the  4th 
article  by  striking  out  in  the  2d  line  the  words,  « in  the  Go- 
vernor and  Senate  or." 

And  the  question  being  taken  thereon,  it  was  decided  in  the 
affirmative 


32 


Mr.  King  moved  to  amend  the  7th  section  of  the  Schedule 
hy  inserting  itt  the  fourth  line  after  the  word  Assembly  these 
words  ♦*  Clerks  of  the  several  courts." 

And  the  question  being  taken  thereof  it  was  decided  in  the 
affirmative. 

Mr.  Crabb  moved  to  amend  the  8th  section  of  the  Schedule 
lay  strikirg  out  all  the  words  after  the  word  Representative  in 
the  16th  line';  with  a  view  of  inserting  the  following;  '«  the 
county  of  Madison  shall  be  entitled  to  two  Senators,  and  eve- 
ry oilier  county  to  one  Senator  each 99 

And  the  question  being  taken  on  striking  out,  it  was  deci- 
ded in  the  negative. 

The  yeas  and  nays  being  demanded  by  two  members  pre- 
sent, those  who  voted  in  the  affirmative  are  Messrs.  Arm* 
strong,  John  Brown,  Isaac  Brown,  Conner,  Cook,  Crabb* 
Ellis,  Garrow,  Hanby,  Jackson,  M'Gnffiu,  M'Vay,  Metcalf, 
Phillips,  Rogers,  Sims,  Terril,  Thompson,  Tiudal,  Toulmin, 
and  Vaughan- — 21. 

Those  who  Voted  in  the  negative,  are  Mr.  President,  Messrs. 
Bibb  (of  Limestone)  Bibb  (of  Montgomery)  Chambers,  Clay, 
Davis,  Hitchcock,  Hopkins,  Hughes,  King,  Minor,  Moore, 
Pickens  (of  Monroe)  Pirkcas  (of  Washington)  Saffold,  Tay- 
lor, Towiies,  Watkins,  Wiggins,  Wright,  and  Williams-— 21. 

Mr.  Toulmin  moved  to  amend  the  3d  article  of  the  Consti- 
tution by  adding  a  new  section  at  the  end  of  it  in  the  follow- 
ing woids,  m  whenever  an  enumeration  is  made  the  ratio  for  a 
single  representative  shall  be  established.  Any  county  which 
has  double  the  number  of  such  ratio,  shall  be  entitled  to  two 
Representatives.  The  ratio  for  a  third  representative,  shall  be 
the  original  ratio  with  one  third  thereof  added  to  it.  The  ra- 
tio for  a  fourth  representative  shall  be  the  ratio  of  the  third, 
with  one  third  thereof  added  to  it.  The  ratio  for  a  fifth-repre- 
sentative sliail  be  the  ratio  for  the  fourth,  with  one  third  there- 
of added  to  it.  The  ratio  for  the  sixth  representative  shall  be 
the  ratio  for  the  fifth,  with  one  third  thereof  added  to  it  The 
ratio  shall  advance  in  the  same  proportion  for  every  addition* 
al  representative  " 

And  the  question  being  taken  thereon,  it  Was  decided  in  the 
negative. 

The  yeas  and  nays  being  demanded  by  two  members  pre- 
sent* those  who  voted  in  the  affirmative,  are  Messrs.  Arm- 
strong, John  Brown,  Isaac  Brown,  Conner,  Cook,  Crabb, 
Garrow,  Hanby,  M'Goflin,  Metcalf,  Pickens  (of  Washington; 


33 


Rogers,  Saflfold,  Sims,,  Terril,  Thompson*  Toulmin,  Vaughan* 
and  Watkins — 19. 

Those  who  voted  in  the  negative,  are  Mr.  President,Mcssrs. 
Bibb  (of  Limestone  Bibb  (of  Montgomery)  Chambers,  Clay, 
Davis,  Ellis,  Hitchcock,  Hopkins,  Hughes,  Jackson,  King, 
M'Vay,  Minor,  Moore,  Phillips,  Pickens  (of  Mouroe)  Tay- 
lor, Tindal,  Townes,  Wiggins,  Wright  and  Williams— £3. 

Mr.  Toulmin  moved  to  amend  the  9th  section  of  the  3d 
article  by  adding  the  following  proviso,  "and  provided  also, 
that  no  county  shall  be  entitled  to  more  than  five  representa- 
tives" And  the  question  being  taken  thereon,  it  was  deci- 
ded in  the  negative. 

The  yeas  and  nays  being  demanded  by  two  members  pre. 
sent,  those  who  voted  in  the  affirmative,  are  Messrs'.  Arm- 
strong, Bibb  (of  Montgomery)  John  Brown,  Isaac  Brown, 
Conner,  Cook,  Crabb,  Garrow,  Hanby,  Jackson,  M'Golfin, 
Metcalf,  Phillips,  Rogers,  Saffuid,  Sims,  Terril,  Thompson, 
Toulmin,  and  Vaughan — £0. 

Those  who  voted  in  the  negative,  are  Mr,  President,  Messrs. 
Bibb  (of  Limestone)  Chambers,  Clay,  Davis,  Ellis  Hitch- 
cock, Hopkins,  Hughes,King.  M'Vay,  Minor,  Moore,  Pick- 
ens (of  Monroe)  Pickens  (of  Washington)  Taylor,  Tjndal, 
Townes,  Watkins,  Wiggins,  Wright,  and  Williams— -22. 

Mr.  Saffold  moved  to  amend  the  16  th  section  of  the  6th  ar- 
ticle by  striking  out  all  the  section  after  the  word  contents  in 
the  4th  line.  And  the  question  being  taken  thereon,  it  was 
decided  in  the  negative. 

Mr.  Williams  moved  to  amend  the  28th  section  in  the  3d  ar- 
ticle, by  striking  out  the  words  «  at  the  town  of  Cabawba," 
(the  place  designated  for  the  seat  of  Government)  and  insert- 
ting  in  lien  thereof,  "  at  such  place  as  may  be  prescribed  by 
law 3>  And  the  question  being  taken  thereon,  it  was  decided 
in  the  negative. 

The  yeas  and  nays  being  demanded  by  two  members  pre- 
sent, those  who  voted  in  the  affirmative,  .are  Messrs.  Crabb, 
Hanby,  M'Vay,  Moore,  Tirida.l  and  Williams— 6. 

Those  who  voted  in  the  negative,  are  Mr.' President,  Messrs. 
Armstrong,  Bibb  (of  Limestone)  Bibb  (of  Montgomery)  John 
Brown  Isaac  Brown,  Chambers,  Clay,  Conner,  Cook,  Da- 
vis, Ellis,  Garrow,  Hitchcock,  Hopkins,  Jackson,  King,  M'- 
Goftin,  Minor,  Phillips,  Pickens  (of  Monroe)  Pickens  (of 
Washington)  Rogers,  Saffold  Sims.  Taylor,  Terril,  Thomp- 
son, Toulmin,  Townes,  Vaughan,  Watkins,  Wiggins,  and 
Wright— 35. 


i 


34 

Mr  Williams  moved  to  amend  the  Constitution,  by  adding 
totfae  General  provisions  a  new  section  in  the  following  words, 
"all  lands  liable  to  taxation  in  this  State,  shall  be  taxed  in  pro- 
portion to  v  alue 99  And  t  he  question  being  taken  thereon,  it 
*was  decided  in  the  affirmative. 

Mr.  Thompson  moved  to  amend  the  8th  section  of  the  Sche- 
dule, by  striking  out  in  the  11th  line  the  word  "one"  and  in- 
serting "two"  in  lieu  thereof  with  a  view  of  giving  Marengo 
county  two  Representatives  instead  of  one.  And  the  question 
being  taken  thereon,  it  was  decided  in  the  negative. 

Mt  Bibb  (of  Limestone)  moved  to  amend  the  14th  section 
of  the  5th  article  by  striking  out  from  the  word  house  in  the 
7th  line  to  the  word  pass  in  the  10th  line.  And  the  question 
being  taken  thereon,  it  was  decided  in  the  negative- 
Mr.  Pickens  (of  Washington)  moved  to  amend  the  Consti- 
tution by  adding  a  new  section  to  the  General  provisions  in 
the  following  words. 

"The  General  Assembly  shall  makeprovision  by  law  forob- 
t&ining  correct  knowledge  of  the  several  objects  proper  for 
improvement,  in  relation  to  navigable  waters,  and  to  the  roads 
in  this  State ;  and  for  making  a  systematic  and  economical  ap- 
plication of  the  means  appropriated  to  these  objects." 

And  the  question  -being  taken  thereon  it  was  decided  in  the 
affirmative. 

Mr.  Bibb  of  Montgomery  moved  to  amend  the  8th  section 
of  the  Schedule  by  striking  out  the  word  « two"  in  the  23d 
line  and  inserting  «one"  in  lieu  thereof,  with  a  view  of  taking 
from  the  county  of  Madison  one  senator.  And  the  question 
being  taken  thereon,  it  was  decided  in  the  negative. 

M  r  Cook  moved  to  amend  the  28th  section  of  the  3d  arti- 
cle prescribing  the  place  where  the  next  session  of  the  Legis- 
lature .shall  be  held  by  striking  out  the  words,  «  at  the  town 
of  ifUntsviHe."  And  the  question  being  taken  thereon,  it  was 
decided  in  the  negative. 

Mr  Metcalf  moved  to  amend  the  new  section  proposed  by 
Mr  Williams  by  adding  a  proviso,  in  the  following  words 
<*  Provided  that  the  General  Assembly  shall  have  no  power  to 
levy  on  white  polls  a  tax  for  county  or  State  purposes" 

And  the  question  being  taken  thereon,  it  was  decided  in  the 
negative 

Mr  Williams  moved  to  reconsider  the  amendment  proposed 
by  Mr.  Crabh  to  the  8th  section  of  the  Schedule  (relative  to 
the  apportionment  of  Senatorial  representation )  And  the 
question  being  taken  thereon,it  was  decided  in  the  affirmative. 


35 


Mr.  Crabb  then  moved  to  strike  out  so  much  of  the  said 
section  as  relates  to  the  senatorial  representation  and  to  in. 
aert  in  lieu  thereof  the  following;  "and  each  county  shall  be 
entitled  to  one  Senator  who  shall  serve  for  one  term.'' 

And  the  question  being  taken  on  striking  out  said  section, 
jt  was  decided  in  the  affirmative. 

The  yeas  and  nays  being  demanded  by  two  members  pre- 
sent, these  who  voted  in  the  affirmative,  are  Messrs.  Arm. 
strong,  Bibb  (of  Montgomery)  John  Brown,  Isaac  Browu, 
Conuerj  Cook,  Crabb,  Ellis,  Garrow,  Hanby,  Jackson,  M'- 
Goffin,  Metcalf,  Phillips,  Rogers,  Sims,  Tcrril,  Thompson, 
Tindal,  Toulmin,  Yaughan,  Wiggins,  Wright  &  Willams-24. 

Those  who  voted  in  the  negative,  are  Mr.  President, Messrs. 
Bibb  ;of  Limestone)  Chambers,  Clay, Davis,  Hitchcock,  Hop- 
kins, Hughes,  King,  Minor,  Moore,  Pickens  (of  Monroe) 
Pickens  (of  Washington)  Taylor,  Townes  and  Watkins — 16. 

Mi'.  Moore  moved  to  amend  the  amendment  so  as  to  give 
Madison  county  two  Senators.  And  the  question  being  taken 
thereon,  it  was  decided  in  the  negative. 

The  question  was  then  taken  on  inserting  the  words  propo- 
sed by  Mr.  Crabb,  and  passed  in  the  affirmative. 

Mr.  Moore  moved  to  add  the  following  new  section  to  come 
in  under  the  head  of  general  provisions.  "Any  member  of  ei- 
ther house  shall  have  liberty  to  dissent  from  and  protest  a- 
gainst  any  act  or  resolution  which  he  may  think  injurious  to 
the  pubiic  or  an  individual,  and  have  the  reasons  of  his  dissent 
entered  on  the  Journals."  And  the  question  being  taken  there 
on,  it  was  decided  in  the  affirmative, 

M  r.  Toulmin  moved  to  add  a  new  section  to  the  Judicial  de- 
partment, in  the  following  words,  "  w  henever  any  Judge  shall 
be  unable  to  hold  a  circuit  court  by  reason  of  sickness  or  other 
disability,  the  Governor  shall  have  power  to  issue  a  temporar 
ry  commission  authorizing  some  other  person  to  preside  as 
Judge  at  the  court  or  courts  at  which  such  Judge  may  be  un- 
able to  attend."  And  the  question  being  taken  thereon,  it  was 
decided  in  the  negative. 

Mr.  Moore  moved  to  amend  the  ,12th  section  of  the  3d  ar- 
ticle, providing  that  Senators  shall  be  elected  for  three  years 
by  striking  out  the  word  three  and  inserting  « two  "  And  the 
question  being  taken  thereon,  it  was  decided  in  the  negative. 

The  yeas  and  nays  being  demanded  by  two  members  pre- 
sent, those  who  voted  in  the  affirmative  are  Messrs.  Arm- 
strong, Crabb,  Garrow,  Hanby,  Jackson,  M'Goflin,  M'Vay, 


36 


Metcalf,  Moore,  Phillips,  Pickens  (of  Monroe)  Pickens  (of 
Washington)  Saffold,  Sims,  Terril,  Thompson,  Tindal, 
Vaughan,  "Wiggins  and  Williams — 20. 

Those  who  voted  in  the  negative,  arc  Mr.  President,  Messrs. 
Bibb  (of  Limestone)  Bibb  (of  Montgomery)  John  Riown  I- 
saac  Brown,  Chambers.  Cfay,  Cook,  Davis,  Ellis/Hjtchcock, 
Hopkins,  Hughes,  King,  Minor,  Rogers,  Taylor,  Toulmin, 
Townes.  Watkins  and  Wright— 22. 

Mr.  Moore  moved  to  strikeout  the  17th  section  of  the  4th 
article;  And  the  question  being  taken  thereon,  it  was  decided 
in  the  negative. 

Mr.  Moore  moved  to  strike  out  the  word  w  native,**  in  tti* 
5th  section  of  the  4th  article  requiring  the  Governor  to  he  a 
native  citizen  of  the  United  States.  And  tlx?  question  being 
taken  thereon,  it  was  decided  in  the  negative. 

The  yeas  and  nays  being  demanded  by  two  members  pre 
sent,  those  who  voted  in  the  affirmative,  arc  Messrs.  M'Goflin 
Moore  and  Rogers— S. 

Those  who  voted  in  the  negative,  are.  Mr.  President  Messrs. 
Armstrong,  Bibb  (of  Limestone)  Bibb  (of  Montgomery)  John 
Brown,  Isaac  Brown,  Chambers,  Clay,  Conner,  Cook,Crabb, 
Ellis,  G  arrow,  Hanby,  Hitchcock,  Hopkins,  Hughes,  Jack- 
son, King,  M*Vay,  Metcalf.  Minor,  Phillips,  Pickens  (of 
Monroe)  Pickens  (of  Washington)  Saffold,  Sims,  Taylor, 
Terril,  Thompson,  Tindal,  Townes,  Vaughan*  Watkins. 
Wiggins,  Wright  and  Williams—  33. 

Mr.  Bibb,  (of  Limestone)  moved  to  amend  the-  8th  section 
of  the  Schedule,  by  striking  out  (in  the  1 0th  line)  the  word 
"three,*'  and  inserting  the  word  "four,"  with  a  view  of  giving 
Limestone  county  four  representatives  And  the  question  be- 
ing taken  thereon,  it  was  decided  in  the  negative. 

On  motion  ordered  that  the  Constitution  be  now  engrossed 
for  a  third  reading. 

On  motion  of  Mr.  Clay  Resolved,  that  a  committee  of  three 
members  be  appointed  to  superintend  the  engrossing  of  the 
Constitution,  whereupon  Messrs.  Clay,  King  and  Hitchcock, 
were  appointed. 

On  motion  of  Mr.  Saffold  «  Resolved,"  that  the  Secretary 
be  authorised  to  employ  an  additional  clerk. 

On  motion  of  Mr.  Taylor  Resolved,  that  when  this  Conven- 
tion adjourns,  it  will  adjourn  till  llo'clork  to-morrow  morning, 
On  motion  ordered  tbat  the  Convention  do  now  adjourn. 

FKIDJi  Y,  Jvty  SO,  1 8 1 9. 
The  Convention  met  pursuant  to  adjournment 


37 


The  Ordinance  relative  to  the  conditions  contained  m  ttns 

6th  section  of  the  act  of  Congress^  for  the  admission  of  this 
Territory  into  the  Union,  waSread  a  third  time  and  passed. 

On  motion,  ordered  that  the  said  ordinance  bo  attached  to 
and  be  made  a  part  of  the  Constitution. 

The  memorial  to  Congress,  praying  that  all  that  part  of 
Florida  winch  lies  west  of  the  Apatachicola  river  may  be  an- 
nexed to  and  form  a  part  of  the  State  of  Alabama,  provided 
that  the  late  Treaty  between  Spain  and  the  United  State?,  re* 
lative  to  the  cession  of  the  Floridas  he  ratified,  was  read  a 
a  second  time.  And  on  motion  ordered  that  the  said  memo- 
rial he  now  taken  as  engrossed  and  read  a  third  time  by  its 
title  which  was  done  accordingly.  The  qucstioivwas  then  ta* 
ken  on  its  passage,  and  decided  in  the  affirmative; 

On  motion  of  Mr  Pickens  (of  Washington)  Resolved,  that 
the  said  memorial  be  signed  by  the  President  and  counter, 
signed  by  the  Secretary  of  this  Convention,  and  transmitted 
to  the  Congress-  of  the  United  States. 

Mr.  Bibb  (of  Montgomery)  presented  an  ordinance  estab- 
lishing places  of  separate  election  which  Was  received  an4 
read  the  first  time,  and  on  motion  the  said  ordinance  was  read 
a  second  time  by  its  title  and  ordered  to  be  engrossed  for  a 
third  reading. 

On  motion,  Resolved,  thatwhe^  thin  Convention  adjourns 
it  will  adjourn till  4  o'clock  this  evening. 

On  motion*  ordered  that  the  Convention  do  now  adjourn. 

4  o'clock  P.  M 

The  Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Pickens  (of  Washington)  the  engrossed 
Constitution  was  read  a  third  time,  and  the  question  being  ta- 
ken  on  its  passage,  it  was  unanimously  adopted. 

On  motion  of  Mr.  Pickens  (of  Washington)  ordered  that  the 
Constitution  be  enrolled  and  that  the  same  committee  who  su- 
perintended the  engrossing  do  superintend  the  enrolling  thereof. 

On  motion  ordered  that  the  Convention  do  now  adjourn. 

SATURDAY,  Juty  SI,  1819, 
The  Convention  met  pursuant  to  adjournment 
On  motion  of  Mr.  King  Resolved,  that  an  additional  mem- 
ber  be  appointed  to  supply  the  place  of  Mr.  Clay  (absent  from 
indisposition)  to  superintend  the  enrolling  oftiie  Constitution; 
whereupon  Mr.  Taylor  was  appointed. 

Mr.  Aing  then  moved  that  the  committee  have  permission 
to  attend  to  the  enrolling  during  the  session  of  the  Conven- 
tion 5  which  was  granted. 


38 


On  motiort  of  Mr  Bibb  (of  Montgomery)  the  ordinance  es- 
tablishing separate  places  of  ejection  was  t  ead  a  third  time 
and  passed. 

On  motion  of  Mr.  B»bb  of  Montgomery,  Resolved,  that  the 
said  ordinance  be  considered  is  enrolled;  and  that  it  be  signed 
hy  the  President  and  attested  by  the  Secretary, 

Mr.  Pickens  (of  Washington)  offered  the  following  resolu- 
tion :  Resolved  that  the  compensation  duo  to  the  members  and 
officers  of  tins  Convention,  as  well  as  all  other  contingent  ex- 
pen  ces  of  the  Conventionale  paid  on  the  order  of  the  President 
out  of  any  money  in  the  Treasury.  And  the  question  being 
taken  thereon,  it  was  decided  ju  tbe  affirmative. 

Mr.  Pickens  (of  Washington)  offered  the  following  resolu- 
tion, Resolved,  that  a  copy  of  the  Constitution  he  prepared  un- 
der the  direction  of  the  President  and  transmitted  to  the  Con- 
gress of  the  United  States  And  tin*  question  being  taken 
thereon,  it  was  decided  in  the  affirmative. 

Mr.  Bibb  ^of  Montgomery)  offered  the  following  resolution. 
Resolved,  that  forty-lour  copies  of  the  Constitution  be  printed 
for  the  use  of  the  members  of  this  Convention,  and  that  one 
thousand  copies  he  distributed  by  the  Secretary  of  State  a- 
inong  the  several  counties  according  to  the  temporary  appor- 
tionment of  Representative*.  And  the  question  being  taken 
thereon,  it  passed  in  the  affirmative 

On  motion,  of  Mr.  Pickens  (of  Washington*)  Resolved,  that 
■when  this  Convention  adjourns  it  will  adjourn  till  10  o'clock 
on  Monday  next. 

On  motion,  ordered  that  the  Convention  do  now  adjourn. 

MOmUY,  Mgust  2,  1819. 

The  Convention  met  pursuant  to  adjournment 

Mr.  Clay  from  the  committee  appointed  to  superintend  the 
enrolling  of  the  Constitution,  reported  that  the  committee  had 
according  to  order  performed  that  duty,  and  had  dii*ected  him 
to  report  that  the  Constitution  was  duly  enrolled. 

On  motion  of  Mr.  Hitchcock,  Resolved  that  the  President 
and  members  from  the  several  counties,  do  now  sign,  and  the 
Secretary  attest  the  same. 

Whereupon  it  was  signed  and  attested  as  follows : 

J.  W.  Walker,  President  of  the  Convention, 
and  Representative  frbm  Madison  County, 

Madison  Connty. — Clement  C.  Clay,  John  Leigh  Towncs, 
Henry  Chambers,  Lemuel  Mead,  Henry  Minor,  Gabriel 
Moore  John  M.  Taylor, 


39 


Monroe  County. — John  Murphy,  John  Watkins,  James  Pick- 
ens,  Thomas  W  iggms. 

Blount  County — Isaac  Brown,  John  Brown,  Gabriel  Hanby, 
Mmettcne  County — Thomas  Bibb,  Beverly  Hughes,  Nich- 
olas Davis. 

Shelby  County — George  Phillips,  Thomas  Ames  Rogers, 
Montgomery  County— John  Dandridge  Bibb.  James  W. 
Armstrong. 
Baldwin  County  -—Harry  Toulmin. 
Mobile  County — S.  H.  Garrow. 
Washington  County  —  Israel  Pickens,  Henrj  Hitchcock. 
Tuscaloosa  County  —  Marmaduke  Williams,  John  L  Tindal, 
Lawrence  County  —  Arthur  F  Hopkins,  Daniel  Wright, 
Franklin  County — William  Metcalf,  Richard  Ellis, 
Cotaco  County — Thomas  D.  Oabb,  Melkijah  Vaughan. 
Clarke  County  — Reuben  Saffold,  James  Magoffin, 
Caliawba  County. — Littiepage  Sims. 
Conecuh  County Samuel  Cook, 
Dallas  County — William  R  King. 
Marengo  County — Washington  Thompson. 
Marion  County— John  D.  Terrii. 
Lauderdale  County  —Hugh  .M'Yay. 
St  Cl&ir  County — David  Conner. 
Jlutauga  County. — James  Jackson. 
Attest,      John  Campbell,  Secretary  of  the  Convention. 

On  motion  of  Mr.  King  Resolved,  that  the  Secretary  of  tho 
Convention  be  instructed  to  deposit  the  enrolled  Constitution 
in  the  office  of  the  Secretary  of  $tatc. 

Mr  Pickens  (of  Washington)  offered  the  following  resolu- 
tion, Resolved,  that  the  thanks  ol  this  Convention  be  presented 
to  John  W.  Walker,  President  thereof,  for  the  dignity,  ability 
and  impartiality,  with  which  he  has  discharged  the  arduous 
duties  of  the  chair. 

And  ttie  question  being  taken  thereon,  by  the  Secretary,  it 
passed  unanimously  in  the  affirmative. 

Mr.  President  then  rose  and  delivered  the  following  ad- 
dress : 

«  Gentlemen! — I  receive  with  lively  sensibility  this  fresh 
testimonial  of  your  favour:  while  1  have  life,  I  shall  never 
cease  to  cherish  a  grateful  recollection  of  the  uniform  kindness 
and  support  of  this  enlightened  Convention.  It  affords  me 
sincere  gratification  to  tind  that  the  manner  in  which  I  have 
been  enabled  to  discharge  the  duties  of  the  chair,  has  been  sat- 
isfactory to  yon  5  and  for  the  polite  and  flattering  terms  in 


40 


which  you  hare  chosen  to  express  your  approbation,  I  tender 
you  the  return  of  warm  and  cordial  thanks. 

The  subject  on  which  we  were  called  to  deli  borate  was  of 
the  tot  importance.  Out  labours  are  now  ai  an  end.  We 
have  given  to  the  State  of  Alabama  a  Constitution  —not  in- 
deed perfect — not  precisely  such  as  any  one  member  of  tlhis 
body  or  perhaps  of  any  individual  of  this  community,  would, 
unassisted,  have  framed  in  his  closet.  Yet  emphatically  re- 
publican and  such  as  gives  us  a  clear  and  indisputable  title, 
to  admission  into  the  great  tamily  of  the  Union.  If  it  has 
some  faults,  it  has  at  the  same  time,  many  excellencies  j  and 
for  all  its  defects  it  carries -within  itself  the  grand  corrective 
of  amendment.  The  people  can  mould  it  as  they  please.  It 
proclaims  the  great  first  principles  of  liberty:  It  guards  the 
equal  rights  of  all,  and  some  new  features  of  vital  interest, 
seem  to  prom  ise  the  happiest  resnlts,  The  offspring  of  mutual 
concession  and  compromise,  it  occupies  that  middle  ground  on 
which  a  majority  was  found  to  unite.  In  the  main  we  have  all 
approved  and  signed  it  Let  us  hope  that  it  wdl  be  also  ap- 
proved by  the  people  of  Alabama:  and  that  under  its  auspi- 
cious influence,  they  and  their  posterity,  may  long  be  free, 
prosperous  and  happy. 

Accept  gentlemen  for  yourselves  individually*  my  best  wish- 
es for  your  health,  happiness  and  long  continued  usefulness." 

On  motion  of  Mr.  Fickens  of  Washington)  ordered  that  the 
Convention  do  now  adjourn  sine  die. 

Whereupon  it  was  adjourned  by  the  President  accordingly. 

JOHN  CAMPBELL, 

Secretary  of  the  CovDeMion* 


I 


Alabama  (Ter. ) 

Convention, 

1819  • 

J  ournal , , • 

L76781 

reprint  1909 

DATE 

ISSUED  TO 

J 

L  ?C  It! 

